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High Court lifts order, State free to implement Maisha Namba

A Kenyan National ID Card. Photo: X/Huduma Kenya

By Amina Wako | Friday, February 23, 2024

The case, initially filed by the Katiba Institute, has now been transferred from the Judicial Review Court to the Constitutional Division of the High Court.

The state is set to proceed with the implementation of Maisha Namba, the much-anticipated digital identity cards.

The High Court, led by Judge John Chigiti, on Friday lifted the December order that had temporarily halted the rollout, allowing the Ministry of Home Affairs to move forward.

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The case, initially filed by the Katiba Institute, has now been transferred from the Judicial Review Court to the Constitutional Division of the High Court.

Maisha Namba, described as a third-generation ID, comprises a digital card, a unique personal identifier, and a national master population register. The new identification system aims to replace the stalled Huduma Namba initiative.

However, Katiba Institute has raised concerns, challenging the government's legal basis for implementation, citing the absence of a privacy impact assessment, and alleging a lack of meaningful public participation.

The NGO contends that, like its predecessor, Maisha Namba requires extensive biographical and biometric information from citizens.

Back in 2019, the then government invested over Sh10 billion in the unsuccessful Huduma Namba registration, which aimed to assign a unique identification number to every resident.

Despite the hefty expenditure, a majority of those registered for Huduma Namba never received their cards. The government's commitment to creating an efficient identity system and enhancing public and private sector service delivery remains unfulfilled.

With Maisha Namba poised to take its place, questions linger about the government's ability to address the concerns raised by the Katiba Institute and ensure a smoother implementation process this time around.