• The court ruled that no prejudice will be suffered if conservatory orders not issued.
• The law is expected to take effect on November 25.
Image: ENOS TECHE
The High Court has declined to suspend the recently passed Data Protection Act, pending the conclusion of a case challenging its constitutionality.
In a case filed by activist Okiya Omtatah, the presiding judge ruled that no prejudice would be suffered if conservatory orders were not issued against the Act, which is expected to take effect on November 25.
"l find no prejudice will be suffered if the prayers sought are not granted pending an inter-parties hearing," Justice James Makau said.
The decision comes despite the activist sought suspension of the data protection Act, 2019, pending the hearing of his case. While making his ruling, Makau ordered that the preliminary objection by National Assembly Speaker Justin Muturi be heard first. Muturi seeks to have the evidence in the filed petition struck out.
Omtatah, in a petition filed last week, wanted the Act quashed, saying it is unconstitutional and has wasted massive public resources. He added that the main grievance is that the National Assembly deliberately blocked the Senate from considering it when it was still a bill.
This was done through the National Assembly falsely claiming that the proposed law did not affect the functions and powers of the county governments, Omtatah said.
He thus sued Speaker Justin Muturi and his Senate counterpart Kenneth Lusaka claiming that the passed bill concerned county governments and ought to have also been considered by the Senate.
"Since the Data Protection Bill, 2019, was not referred to the Senate for consideration, yet it affected the functions and powers of county governments, the resultant Act is unconstitutional and therefore invalid," Omtatah said.
He said the bill was not subjected to effective public participation. "The public was allowed to present their views on the bill for only three working days from July 11 to 16," the court papers read.
In the petition, the Senate speaker has been accused of not protesting the introduction of the bill in the National Assembly when the Senate had referred the Data Protection Bill, 2018, to the House. Omtatah now wants the High Court to compel the National Assembly to consider the Senate's Data Protection Bill, 2018, which is still pending in the House.
Justice Makau directed the parties to exchange documents within 21 days.
(Edited by F'Orieny)