The High Court Monday set aside orders stopping any further roll out of the new digital identity cards popularly known as Maisha Namba.
The orders have affected the production of the identity cards in the country with thousands of people still waiting to get the crucial documents.
For months, many have been waiting the production of the documents in vain.
The main problem was lack of communication from the government on the issue.
Justice Lawrence Mugambi said it was not in public interest to maintain the interim orders he had issued last month.
The Judge had on July 25 issued orders stopping any further roll out of the digital card. One of his reasons was that it would be difficult to remedy damage caused if the court eventually finds the process unconstitutional.
What followed was an urgent application filed by Cabinet Secretary for Interior seeking to set aside those orders.
Principal Secretary for immigration Julius Bitok told the court that there were over 1,215,095 backlog identity cards for Kenyans that were pending processing as at 31st July 2024.
He told the Judge a number of Kenyans would lose job opportunities Without having the said identity cards.
“They may not access other crucial documents like driving licences, registration of companies and businesses and so on,” he said.
These are matters that Bitok urged the Court to reflect on.
He explained to the court that the situation continues to escalate and the backlog is increasing at the rate of 10,000 every day.
Based on this Justice Mugambi said he is no longer persuaded that it is not in public interest to maintain the temporary orders he had issued in July.
“There was thus clear demonstration that suspension of registration of Kenyans has very direct immediate adverse consequences on very large population of people and the interior ministry is able to track and account for such members every day,” he said.
“In view of the foregoing findings, I allow the 2nd Respondent/Applicant’s Application to review and set aside the conservatory order of 25th July 2024. 57. Further, in view of the findings, I find no juridical significance that thereto.“
The judge said there was clear demonstration that suspension of registration of Kenyans has very direct immediate adverse consequences on very large population of people and the CS is able to track and account for such members every day.
“On the other hand, the petitioners allegations of violation are subject to proof, and the Petition could go either way. The doctrine of presumption of Constitutionality is thus applicable, that the validity of the impugned rules is presumed until the time the Court has had the opportunity of listening fully to all the rival arguments and arrives at determination on the constitutionality or otherwise of impugned legislation.”
“Having regard to the foregoing reasons, I am persuaded that is not in public interest to maintain the interim conservatory order.”
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