The government will resume issuance of Maisha namba after the high court lifted orders that were barring its implementation on Friday.
Immigration and Citizen Services PS Prof. Julius Bitok welcomed the court’s decision saying it would be a reprieve to over 600,000 Kenyans whose applications for the new ID have been pending.
He added that the department is committed in dealing with the backlog.
“We appreciate the patience and support shown by Kenyans throughout this period of uncertainty. Rest assured, we are fully dedicated to expediting the processing of ID cards and ensuring that all eligible applicants receive their documents without further delay,” the PS said.
While lifting the ban on the new generation IDs, High Court judge John Chigiti directed that the matter be transferred to the constitutional human rights division for hearing and determination.
He however agreed with the petitioners, Katiba Institute, that a data protection impact assessment was not carried out before the rollout.
“Upon perusing the application alongside the annexures therein, I find that the application is not superficial nor distressing. It raises an arguable case that should be heard and determined on merit within the fair administrative action act framework,” he said.
Maisha Namba has been described as a third generation ID that includes a digital card and a national master population register. The programme has faced opposition from various NGO’s arguing that the government does not have the legal basis to rollout the programme.
Maisha Namba is intended to replace the hindered Huduma Namba, Katiba Institute argues that the Maisha Namba, like the Huduma Namba requires Kenyans to bring forth their biometric information and the ministry of interior did not conduct adequate public participation before proceeding with the rollout.
The institute accused the ministry of violating section 31 of the Data Protection Act which requires that data pose a high risk to rights and freedoms of data subjects.
“They remain intent on construction of Maisha Namba on shaky foundation of data illegally collected and processed during the Huduma Namba exercise,” the petitioners told the court.