The High Court has issued a ruling on the issuance of the new Digital Identificatio cards dubbed Maisha Namba.
In a court document seen by The Kenya Times, Justice Lawrence Mugambi issued an order prohibiting the government from issuing the digital Identity cards.
The court’s decision comes in response to 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.
In the court order, Justice Mugambi emphasized the importance of preserving the basis of the petition.
He indicated that if the government were allowed to continue with the rollout and the court later determined that rights had been violated, it would be difficult to remedy the situation.
“The Court has a duty preserve the substratum of the Petition, for if the mass roll out goes on, if eventually the court finds there was violation, that may not easily redressable,” read the court document in part.
Conservatory Order Issued Stopping the Roll Out
As a result, the court has issued a conservatory order to pause all further implementation of these digital ID initiatives until the application is fully considered.
Also Read: Court Throws Digital ID, Maisha Number in Limbo After Ruling
“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.”
“The Court is satisfied that based on the latest disclosure, an order staying any further and/or continued implementation pending the hearing and determination of this application ought to issue.”
The order also requires the government to serve the application by the close of business on July 26, 2024, and allows the petitioner to file a further affidavit or rejoinder within 7 days of receiving the responses.
“Leave is granted to the Applicant/Petitioner to file and serve a further affidavit/rejoinder within 7 days from the date of receipt of responses,” said the court.
Additionally, the court has scheduled a further direction hearing on September 17, 2024, to discuss the next steps in the case.
Opposition of the Maisha Namba Cards
The court order comes after members of Kenya’s civil society organizations expressed their opposition of the newly issued unique personal identification number.
The groups in a press conference on Sunday July 21, 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.
Also Read: Govt Explains Why New National IDs Will Expire
“The Maisha number comes with an expiry date, which raises serious questions. IDs play a crucial role in voting processes, and the expiration date on these new cards is suspicious. We are concerned that this could be a scheme to rig the 2027 elections,” the groups said.
However, the state department in a statement made on July 22 clarified that the introduction of Maisha Card was preceded by at least 820 public and stakeholder engagements.
These included civil society, religious leaders, the private sector, the media, and the public. While clearing the air, the government said that the expiry date has no direct correlation with the general election date.
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