High Court Suspends Maisha Namba Rollout Amid Privacy Concerns

The High Court of Kenya has suspended the further rollout of the new digital identity cards known as Maisha Namba.

This decision comes in response to a case filed by the Haki na Sheria Initiative which raises concerns about the process and its potential impact on citizens' rights. The Maisha Namba initiative aims to provide digital identity cards to Kenyan citizens through three main enrollment categories. Newborns are issued Maisha cards at birth, first-time ID applicants who have turned 18 can apply for these cards, and adults with second-generation IDs can request Maisha cards as replacements for lost identification.

The legal challenge brought forth by the Haki na Sheria Initiative contests the entire Maisha ecosystem rollout with their primary concerns revolving around data privacy, exclusion, and the issue of double registration. The petitioners argue that the Maisha ecosystem lacks sufficient safeguards for processing personal data, potentially compromising citizens' right to privacy. They also contend that the rollout could exacerbate existing exclusion margins on citizenship, particularly affecting children from minority and marginalized communities who face challenges in obtaining necessary documents like birth certificates.

"There is a 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 the data will be protected," reads their documents in part.

Furthermore, the issue of double registration complicates matters as individuals mistakenly registered twice may encounter difficulties accessing government services, education, and healthcare. Justice Lawrence Mugambi emphasises the potential irreversible damage that could occur if the process is later found unconstitutional. The court has directed the petitioner to serve the respondents, including the Attorney General and the CS Interior, with the application by July 26. Further directions on the matter will be issued on September 17.