Detectives may soon start spying on your phone communication if you are suspected to be a drug dealer should the proposed law is passed.
The bill proposed by Kiambaa MP Paul Koinange (chairman of the National Assembly’s Security Committee) is seeking to permit police officers to enter premises and install phone tapping devices.
And for the purpose of fetching evidence, the court may allow the police officers above the rank of chief inspector to execute such operation.
The police will however be required to apply for written consent from the Director of Public Prosecution before going to court.
“The court shall make an order requiring a communications service provider to intercept and retain specified communication of a specified description received or transmitted, or about to be received or transmitted by that service provider,” the Narcotics, Drugs and Psychotropic Substances (Control) (Amendment) Bill, 2020, states.
The bill requires that the courts allow police to cart away phones plus other devices they believe are used to facilitate the illegal trade.
The court will need t to be convinced that the information to be obtained may lead to the commission of an offense under the drug law.
They will also consider if the information will help track the whereabouts of the suspected drug trafficker.
Any information contained in the intercepted communication wit the country or legally in a foreign jurisdiction will be admissible in court.
To protect against abuse, a police officer who illegally obtain information will be jailed for 10 years or fined Sh10 million or both.
A person whose phone or any other communication device is seized and found to contain information that helps facilitate drug trade risks an Sh5 million fine or five years in jail.
In June, the Law Society of Kenya moved to court to challenge a Court of Appeal order that gave the Communications Authority of Kenya permission to spy on phones.
READ MORE
- Are The ICC Detectives In Kenya Back For DP Ruto?
- National Intelligence Service Dragged Into Kemsa Scandal Over 300M Tender Deal
- Fake gold scammer gets his Shs 30 million Porsche back
- Treasury To Pay Sh 1.5bn To Safaricom For Security Camera Deal
The CA wants to install a Device Management System (DMS) on mobile networks that will allow authorities to listen, track calls, SMSs, and mobile money transactions.
According to CA the move will help combat counterfeit and illegal devices by accessing phone numbers, call records, and their locations.
Activist Okiya Omtatah challenged the plan in High Court, citing threats to privacy under the Consitution, rights to fair administrative action and, violation of consumer rights
LSK argued that Kenyan’s privacy is threatened by the CA plan, the same issue that may apply to the latest proposal by the National Security Committee.
