Court Clears Way for Maisha Namba Implementation

On Friday, the High Court lifted a temporary ban on the implementation of Maisha Namba, Kenya's digital identification system.

However, the case moved from the Judicial Review Court to the Constitutional Division for a deeper legal analysis. This shift follows arguments from the Interior Ministry that separate court divisions reviewing related cases could lead to conflicting judgments. The government also expressed concerns about a second petition not disclosed by the petitioners, Katiba Institute.

The hold on Maisha Namba, instituted last year, resulted in a nationwide backlog of ID applications. Justice John Chigiti ruled in favour of Katiba Institute, citing the lack of a required data protection impact assessment before rollout. The court acknowledged the petition's legitimacy and its concern for adherence to the Fair Administrative Action Act.

Despite the lifted ban, prayer 3 of the petition ensures a temporary halt remains in place. Katiba Institute further asserts inadequate public engagement from the Interior Ministry and potential violations of data protection laws regarding data privacy impact assessments. The Interior Ministry, represented by Immigration and Citizen Services Principal Secretary Julius Bitok, welcomes the court's decision, citing relief for over 600,000 Kenyans impacted by the stalled ID processes.

In November, Bitok provided assurances on data security measures for the upcoming Maisha Cards. During a speech at Eldoret International Airport, Bitok emphasized the government's dedication to safeguarding sensitive information within the Maisha Number program. He outlined significant progress made in implementing the plan, including the development of a secure smart card incorporating the Maisha Number.

He explained that Kenyans will not be required to submit new information since existing biometric data will be utilized. Contrasting the Maisha Number initiative with the unsuccessful Huduma Namba project, Bitok underscored the public's approval garnered through over 820 public participation forums, signifying increased transparency.