Court Suspends Issuance of New Digital IDs

A Nairobi court has suspended the registration and issuance of new digital IDs.

Justice John Chigiti on Tuesday ordered that the government not register persons or issue new generation IDs.

Katiba Institute in a petition sought orders stopping the government from executing or further executing the November 1, 2023 decision to roll out the Maisha Namba Cards before conducting a data protection impact assessment per section 31 of the Data Protection Act.

“Mandamus compelling the Respondents to conduct a data protection impact assessment per section 31 of the Data Protection Act before piloting or rolling out the Maisha Namba, including the digital card, digital ID, unique personal identifier, and National Master Population Register,” Katiba Institute says in court documents.

Read: New Applicants to Get Maisha Card as Piloting of Digital ID Begins

The petitioner also sought a declaration that the Registration of Persons (Amendment) Regulations, 2023 and Birth and Deaths (Amendment) Regulations, 2023, were adopted in violation of the Statutory Instruments Act and are unconstitutional and invalid.

They argued that Section 31 of the Data Protection Act requires the Respondents to conduct a data protection impact assessment if data processing is likely to result in a high risk to the rights and freedoms of a data subject by its nature, scope, context, and purposes.

The data protection impact assessment must happen before any data has been processed.

Katiba Institute says that the Court has in the past held that section 31 of the Data Protection Act requires the state to conduct a data protection impact assessment to defer processing data required for digital identifications.

Read Also: PS Bitok Blames Rivalry for Digital ID Misinformation

“On September 19, 2023, the Immigration and Citizen Services PS, Ministry of Interior and National Administration announced that the government was finalising the Maisha Namba, which it described as a third-generation ID that includes a digital card, digital ID, unique personal identifier, and a National Master Population Register. The Maisha Namba is meant to replace the stalled attempt to roll out the Huduma Namba,” they said.

The judge directed the application to be served within 7 days for the interpartes hearing of prayer within 7 days.

The matter will be mentioned on February 2, 2024.

Kenyans were to be issued with the new digital identification cards also known as Maisha Card, from December.