MAISHA NAMBA STOPPED: Kenya’s High Court Blocks New Digital ID Card Rollout
The Milimani High Court has issued conservatory orders halting the further implementation of the Unique Personal Identifier, also known as the Maisha Namba, until petitions challenging its rollout are heard and determined in October.
The decision comes after the Haki na Sheria Initiative filed a petition against the national government, Attorney General, Interior Cabinet Secretary, and Principal Registrars of Births, Deaths, and Persons.
Lawyer Summayah Mokku, who represents Haki na Sheria, argued that the Maisha Namba rollout violates the Constitution’s guarantees of rights and freedoms.
“The Respondents have also contravened or threaten to contravene other provisions of the Constitution including Articles 10, 73, 94, 129 and 232 on transparency, right to public participation, right to access information among others,” read court documents.
🚨: Haki ha Sheria secures conservatory orders halting the implementation of Maisha namba.
— Haki na Sheria (@Haki_na_Sheria) July 25, 2024
The court has today issued conservatory orders staying the issuance of Maisha cards/digital ID pending the hearing of the case set for
October 4,2024.
Cc:@___Sumayyah #digitalID https://t.co/DtzEO3fSmL pic.twitter.com/BdsyzArVuY
“The recent confirmations of the Respondents actualize the existing threats to these rights and fundamental freedoms in issue including potential irreversible risk of breach of mass personal data and permanent exclusion of select groups of the population in contravention of Article 31 and 27 of the Constitution respectively.
“The actions of the Respondents will also undoubtedly render the adjudication of the Petitions before this Honorable Court nugatory and the consequent court process an academic exercise.”
Milimani High Court Judge Lawrence Mugambi noted in his ruling that the respondents are actively collecting, processing, and storing data, despite security concerns raised in previous petitions.
“There is great risk of prejudice being caused to members of the public and their right to privacy by the disclosure of certain types of personal information in the absence of proposals on how that data will be protected,” ruled the Judge.
“Should the respondents be allowed to proceed with this process and later on it is found to be unconstitutional; there is no amount of compensation or measures that can redress data breach.”
Justice Mugambi also believes that the Maisha Ecosystem will exacerbate Kenya’s already wide exclusionary citizenship gap.
“Pending the inter-parties hearing and determination of this Application, the Honourable Court be pleased to issue a conservatory order ex parte staying and/or halting the further and continued implementation of the Unique Personal Identifier (Maisha Namba), 3rd Generation National Identification Card (Maisha Card), Maisha Digital ID and Maisha Database,” he ruled.
“That the Honourable Court be pleased to issue a conservatory order restraining the Respondents whether by themselves, or any of their employees or agents or any person claiming to act under their authority from collecting, processing or storing data of Kenyans and foreign nationals in Kenya in purport of issuance of a Unique Personal Identifier (Maisha Namba).”
The judge, who will issue further directions on September 17, gave the respondents seven days to file their responses to the verdict.
MAISHA NAMBA STOPPED: Kenya’s High Court Blocks New Digital ID Card Rollout
