PHOTO/nation.co.ke

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The High court of Kenya has barred the Communications Authority of Kenya (CAK) from spying on Kenyans through mobile phone data.

The decision which was communicated by the authority January 31 and February 6 was directed to Orange-Telecom, Safaricom Ltd, and Airtel Networks Kenya Ltd.

Justice John Mativo termed the matter as urgent and added that pending the case's determination, nobody claiming to be representing CAK may give effect to the letters.

Mativo added that parties should file their responses prior to the hearing slated for March 6.

Activist Okiya Omtatah had moved to court Friday last week to stop the decision to spy on Kenyans' personal phone conversations.

Omtatah claimed that CAK had retained Broadband Communications Network Ltd as the key contractor to implement the device management system set to spy on Kenyans. 

Allegedly, it was in September 2016 awarded a tender worth Sh207 million to design, supply, install, test, commission and also maintain the device.

He revealed that these devices had the ability to access every information stored by these service providers and transacted on phones owned by people, including the times, duration and places of the communication.

He said the arrangement would involve Broadband hooking up to all routers of Safaricom, Airtel and Orange-Telecom Kenya and opening up data of private communications a third entity other than the government and those licensed to hold them.

The activist now demands that the court declares CAK's decision as unconstitutional.