High Court stops Maisha Namba rollout
![High Court stops Maisha Namba rollout High Court stops Maisha Namba rollout](https://citizentv.obs.af-south-1.myhuaweicloud.com/81442/conversions/Gavel-og_image.webp)
File image of a judge's gavel.
The Milimani High Court has issued
conservatory orders staying the further implementation of the Unique Personal
Identifier, commonly known as the Maisha Namba, until petitions challenging its
rollout are heard and determined in October.
The decision follows a petition filed by Haki
na Sheria Initiative against the national government, Attorney General,
Interior Cabinet Secretary, and Principal Registrars of Births, Deaths and
Persons.
Lawyer Summayah Mokku, representing Haki na
Sheria, argued that the Maisha Namba rollout violates the rights and freedoms
guaranteed under the Constitution.
"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.
"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."
While delivering his ruling, Milimani High
Court Judge Lawrence Mugambi noted that the respondents are actively
collecting, processing and storing data despite security concerns laid out in
earlier 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 opined that the Maisha
Ecosystem is bound to solidify the already widened exclusion margin on citizenship
in Kenya.
"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
the matter on September 17, gave the respondents seven days to file their
responses on the verdict.
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