High Court lift order barring Maisha Card, government announce processing to resume immediately
The government can now go ahead with its plans of registering people and issuing new generation National Identity Card also known as Maisha Card after the High Court judge John Chigiti lifted earlier orders that had suspended the plans.
And in a swift rejoinder almost immediately after the ruling, the government announced plans to accelerate the issuance of new-generation National Identity Cards, commonly known as Maisha Cards.
Immigration Principal Secretary Julius Bitok expressed gratitude for the court’s decision, stating that it brings relief to over 600,000 Kenyans whose ID card applications had been stalled due to the earlier court order.
Justice Chigiti lifted previous orders that had halted the Ministry of Interior and National Administration from processing new ID card applications since December 5th, 2023.
The judge has further directed that the matter be transferred to the constitutional human rights division for hearing and determination.
The government through Morara, Apiemi & Nyangito Advocates acting for the State Department of Immigration & Citizen Services had filed an application seeking to have the orders lifted on grounds that there was material non-disclosure on the part of the applicant -Katiba Institute.
He told the court that there is another related pending case on the same subject and similar facts which the court had issued directions.
“The judicial review application herein is malevolent, a misuse of judicial procedure and designed to compel the respondents to answer to a multiplicity of suits.” The court heard.
In an affidavit, Immigration Principal Secretary Julius Bitok said that the earlier orders stopping the Maisha Number exercise cannot be allowed to stand.
In the case, Katiba Institute claims that the state has no legal basis for implementing the Maisha Namba and that the government has proceeded without requiring a State protection impact assessment, in violation of Section 31 of the Data Protection Act and the court ruling.
“The Maisha Number is meant to replace the stalled attempt to roll out the Huduma Namba. As with the Huduma Number, the Maisha Namba requires Kenya to provide biographical information and biometric data, including date of birth, gender, facial image, parentage information and contact information.” Katiba Institute submitted.
On his part after the ruling, Bitok emphasized the department’s commitment to promptly addressing the backlog of pending applications, assuring citizens that IDs would be produced on a first-in-first-out basis, starting immediately.
“We appreciate the patience and support shown by Kenyans throughout this period of uncertainty. We are fully dedicated to expediting the processing of ID cards and ensuring that all eligible applicants receive their documents without further delay.” He added.
Bitok further pledged to continue implementing reforms within the Kenya National Identity ecosystem while upholding constitutional principles and respecting the rights of citizens.
He emphasized the importance of engaging with stakeholders to gather meaningful input for the ongoing development of the country’s digital identity infrastructure.
