The High Court has halted any further progress on the new digital identity cards, popularly known as Maisha Namba, until a lawsuit filed by the Haki na Sheria Initiative is settled.
On July 24th, Justice Lawrence Mugambi issued the order, citing the potential for irreversible harm if the court ultimately finds the process unconstitutional.
“Based on the latest information,” the judge stated, “the court is convinced that an order suspending any further or continued implementation of Maisha Namba, Maisha card and Maisha Database pending the hearing and determination of this application ought to be issued.”
Haki na Sheria Initiative brought to the court’s attention a July 22nd circular confirming the commencement of mass collection, processing, and storage of data for Maisha Namba, along with enrollment into the Maisha Database (Maisha Namba ecosystem).
The documents presented outline three methods for enrolling in the Maisha ecosystem:
- Issuing Maisha cards to newborns.
- Providing them to first-time ID applicants reaching 18 years old.
- Replacing lost IDs for adults who currently hold the 2nd generation ID.
The petitioner contests the entire Maisha ecosystem rollout, citing concerns about potential mass personal data breaches and the permanent exclusion of specific groups.
Haki na Sheria Initiative argues that the Maisha ecosystem lacks adequate safeguards for handling personal data.
“There’s a significant risk of causing harm to the public and their right to privacy by revealing certain types of personal information without proposals on how the data will be protected,” their documents partly state.
The organization further argues that the rollout is likely to exacerbate the already existing disparity in Kenyan citizenship.
Their reasoning is that some groups, primarily children from minority and marginalized communities, face difficulties obtaining citizenship documents like birth certificates. These difficulties stem from challenges in accessing registration centers or years of secondary vetting faced by their parents and grandparents when acquiring 1st and 2nd generation IDs.
Double-registered individuals, according to Haki na Sheria, encounter similar problems.
“If the state is allowed to proceed with this process, countless people will be left in limbo,” Haki na Sheria warns. “They won’t be able to obtain a Maisha card at birth or replace it as adults due to the lack of a 2nd generation ID.”
This, they claim, will have an impact on other fundamental rights like access to government services, education, and healthcare.
Justice Mugambi ordered the petitioner to serve the application to the case’s respondents by July 26th. The respondents include the Attorney General, CS Interior, Director General of Kenya Citizens and foreign nationals management service, Principal Registrar of Births and Deaths, and Principal Registrar of Persons.
The next court date for further directions has been set for September 17th.