The High Court has suspended registration and issuance of the new digital identity cards.
Judge John Chigiti suspended the process until next year, February 6,2024.
In his brief today, Chigati issued the conservatory orders barring the Interior and Administration Cabinet Secretary Kiture Kindiki and Attorney General Justin Muturi and their agents from registering or issuing the new IDs dubbed Maisha number.
This is after Katiba Institute filed a lawsuit seeking to quash the Maisha Namba cards which were rolled out early last month.
“The leave shall operate as a stay, restraining implementation or further implementation by any person of the Respondent’s November 1, 2023 decision to roll out or pilot the Maisha Namba, including the digital card, digital ID, unique personal identifier, and a National Master Population Register, before and without a data protection impact assessment per Section 31 of the Data Protection Act.” Justice Chigiti ordered.
Justice Chigati allowed the Katiba Institute prayers to formally institute a judicial review suit seeking to quash president William Ruto’s administration decision of November 1, 2023, to roll out the Maisha Namba Cards, the judge noted the lawsuit by the lobby group raises serious issues that warranted the issuance of the stay orders.
“Upon perusing the application alongside the annexures therein, I find that the application is not frivolous or vexatious. It raises an arguable case that should be heard and determined on merit within the Fair Administrative Action Act framework. Having been satisfied as such and in the exercise of my discretion under Order 53 of the Civil Procedure Rules, I hereby direct that leave is hereby granted in terms of prayer 2, and leave shall also operate as a stay in terms of prayer 3 of the said application,” Chigiti ruled.
He certified the case as urgent with the AG and CS Kindiki to be issued with the pleading within seven days.
They have been given fourteen days to file a respondent to the suit.
The petitioners cited a lack of public participation and a robust framework in the enactment of the digital ID as their biggest concern.
