The High Court has temporarily suspended the implementation of a new digital identity card known as the Maisha Card, pending the determination of a petition filed by the Garissa-based lobby group, Haki Na Sheria Initiative.
This decision was made by Justice Lawrence Mugambi, who also halted the rollout of related initiatives, including the Unique Personal Identifier (UPI) and the Maisha Digital ID and Database.
The Maisha Card, intended to be renewed every ten years, is part of a broader governmental effort to consolidate existing databases into a single register. This initiative has sparked controversy and legal challenges due to concerns over data privacy and potential exclusion of marginalized groups.
“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,” stated Justice Mugambi.
The petition by Haki Na Sheria Initiative raised significant concerns about the government’s plan for mass data collection, processing, and storage. The lobby group argued that the constitutionality of the Maisha Database is questionable, and its implementation could lead to irreparable violations of fundamental rights and freedoms guaranteed by the constitution.
The group expressed fears over the potential breach of privacy rights, given the absence of clear data protection measures.
“There is a great risk that members of the public will be prejudiced as certain types of personal information will be disclosed and their right to privacy breached,” said a representative of Haki Na Sheria Initiative during the court proceedings.
Further, the lobby group highlighted the potential for increased exclusion of marginalized communities. “The rollout of the Maisha ecosystem is also bound to solidify the already widened exclusion of marginalized citizens,” they noted.
This recent court order marks the third attempt to halt the Maisha Card rollout. Last year, a temporary stoppage was issued, but the order was lifted in February. The ongoing legal battle underscores the contentious nature of the government’s digital identity project and the profound implications it holds for personal data privacy and civil liberties in Kenya.
The High Court has scheduled a hearing for the case on October 4, 2024, where the constitutionality of the Maisha Database will be further examined. Until then, the suspension order remains in effect, delaying the full implementation of the Maisha Card and its associated systems.
