Relief for state as court lifts orders suspending rollout of Maisha Namba

Judge orders case to be transferred to constitutional division

In Summary
  • The order he had issued in December last year after the court was made aware of a similar matter filed in a different division.
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A presentation of the Social ID which will be virtual
A presentation of the Social ID which will be virtual
Image: TEDDY MULEI

The High Court has set aside an order stopping the government from rolling out new digital identity cards popularly known as Maisha Namba.

Justice John Chigiti lifted the order he had issued in December last year after the court was made aware of a similar matter filed in a different division.

The Judge ordered that the matter before him filed by Katiba Institute against CS Interior Kithire Kindiki be transferred to the High Court's constitutional division for hearing and determination

The ministry through Morara, Apiemi and Nyangito Advocates told the court there was a risk of two different divisions making conflicting decisions as two matters had been filed touching on the same issues but in different divisions.

The other petition which is pending at the constitutional court was filed by one Dr Fredrick Onyango.

The legal team representing Kindiki told the court that Katiba did not disclose the existence of the other petition. They subsequently asked the court to set aise orders it issued on December 4.

On the said date, Chigiti had issued an order restraining the implementation or further implementation of the ministry's decision to roll out or pilot the Maisha Namba, including digital card, digital ID, unique personal identifier and a national master population register before and without a data protection impact assessment.

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