The High Court has reviewed its earlier ruling on the rollout of the new Digital Identification cards dubbed Maisha Namba.
Judge Justice Lawrence Mugambi set aside the conservatory orders he issued on July 25, noting that there is no juridical significance that is left in the Petitioner/Respondent’s application of July 23, 2024
As such, the court on Monday, August 12 set aside its orders barring the issuance of Maisha Namba
“In view of the foregoing findings, I allow the 2nd Respondent/Applicant’s Application (the Interior Cabinet Secretary) to review and set aside the conservatory order of July 25, 2024,” reads part of the court documents.
“Further, in view of the findings, I find no juridical significance that is left in the Petitioner/Respondent’s application of July 23, 2024, hence it is struck out together with the ensuant directions issued thereto.”
On July 25, Justice Mugambi issued an order prohibiting the government from rolling out the digital Identity cards.
Petition by Haki na Sheria Initiative
This came following a petition filed by the Haki na Sheria Initiative, which challenged the mass collection, processing, and storage of data for the Unique Personal Identifier (Maisha Namba), 3rd Generation Identification Card (Maisha Card), Maisha Digital ID, and enrollment into the Maisha database on constitutional grounds.
Moreover, the judge emphasized the importance of preserving the basis of the petition adding that if the government continued with the rollout and the court later determined that rights had been violated, it would be difficult to remedy the situation.
Also Read: High Court Rules on Rollout of Digital IDs
“The Court has a duty preserve the substratum of the Petition, for if the mass rollout goes on, if eventually the court finds there was violation, that may not easily redressable,” read the court document in part.
Therefore, the court issued a conservatory order halting further implementation of these digital ID initiatives until the application is fully considered.
“Pending the hearing and determination of this Application, a conservatory order be and is hereby issued staying/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,” noted Justice Mugambi.
Also Read: Govt Postpones Launch of Digital ID & Maisha Namba
Civil Groups Raise Concerns on Maisha Namba Expiry Date
The new ruling by the High Court comes even after Kenya’s civil society organizations expressed their opposition of the new personal identification number.
The groups expressed skepticism and concern over the validity and implications of the new identification model, terming it a scheme to rig the 2027 General election.
They highlighted that the new IDs are set to expire in 2032, coinciding with the end of President William Ruto’s current term, should he be re-elected in the 2027 polls.
However, in a rejoinder the State Department for Immigration and Citizen Services explained that the renewal of National ID cards after every ten years is a standard practice in countries such as France and other African countries that have implemented an ID with a microchip.
“Attention has been drawn to a statement by the Civil Society questioning the legality and propriety of the new Maisha Card. Holders will need to renew their National ID cards every ten years. This is a standard practice in countries such as Uganda, Tanzania, Nigeria, Senegal, and France, among others that have implemented an ID with a microchip,” noted Bitok.
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