The High Court has revisited its previous decision regarding the implementation of the new Digital Identification cards, known as Maisha Namba.
On Monday, August 12, Justice Lawrence Mugambi rescinded the conservatory orders he had issued on July 25. The judge noted that the Petitioner/Respondent’s application from July 23, 2024, no longer held any juridical significance.
As a result, the court has lifted its previous orders that had prevented the issuance of Maisha Namba. The court document states:
“In view of the foregoing findings, I allow the 2nd Respondent/Applicant’s Application (the Interior Cabinet Secretary) to review and set aside the conservatory order of July 25, 2024.”
It further adds:
“Further, in view of the findings, I find no juridical significance that is left in the Petitioner/Respondent’s application of July 23, 2024, hence it is struck out together with the ensuant directions issued thereto.”
Reverse of Initial Order
This decision reverses the order issued by Justice Mugambi on July 25, which had prohibited the government from rolling out the digital identity cards.
The initial order was a response to a petition filed by the Haki na Sheria Initiative.
This organization had challenged the government’s plans for mass collection, processing, and storage of data for the Unique Personal Identifier (Maisha Namba), 3rd Generation Identification Card (Maisha Card), Maisha Digital ID, and enrollment into the Maisha database. Their petition was based on constitutional grounds.
In his earlier ruling, Justice Mugambi had emphasized the importance of preserving the essence of the petition. He argued that if the government proceeded with the rollout and the court later found that rights had been violated, rectifying the situation would be challenging. The court document from that time stated:
“The Court has a duty preserve the substratum of the Petition, for if the mass rollout goes on, if eventually the court finds there was violation, that may not easily redressable.”
Consequently, the court had issued a conservatory order to halt the implementation of these digital ID initiatives until the application could be fully considered.
Concerns Over Expiry Period of Maisha Card
The High Court’s new ruling comes amidst opposition from Kenya’s civil society organizations regarding the new personal identification number.
A particular point of concern for these organizations is the expiration date of the new IDs, which is set for 2032. This date coincides with the end of President William Ruto’s potential second term, should he be re-elected in the 2027 polls.
In response to these concerns, the State Department for Immigration and Citizen Services has provided clarification.
They explained that renewing National ID cards every ten years is a common practice in various countries, including France and several African nations that have implemented IDs with microchips. An official statement noted:
“Attention has been drawn to a statement by the Civil Society questioning the legality and propriety of the new Maisha Card. Holders will need to renew their National ID cards every ten years. This is a standard practice in countries such as Uganda, Tanzania, Nigeria, Senegal, and France, among others that have implemented an ID with a microchip.”
