High Court Approves Maisha Card Rollout in Latest Ruling

President William Ruto (in blue suit) launches the 5,000 digitized government services at KICC on June 30, 2023.
President William Ruto (in blue suit) launches the 5,000 digitized government services at KICC on June 30, 2023.
PCS

Kenyans can now sigh with relief after the Nairobi High Court reviewed its earlier ruling barring the rollout of Maisha Namba.

In its latest ruling on Monday, Judge LN Mugambi set aside the orders he issued on July 25 after determining that the suspension of registration of Kenyans has direct immediate adverse consequences on a very large population of people.

"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," Mugambi ruled.

"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."

A person holding Huduma Namba Card.
A person holding Huduma Namba Card.
Photo
Huuduma Kenya

Towards the end of last month, the judge directed the state to halt the issuance of the Unique Personal Identifier (Maisha Namba), and all relevant documents which include the the 3rd Generation National Identification Card (Maisha Card), and the Maisha Digital ID and Maisha Database.

At that time, the rollout was barred pending the hearing and determination of an application filed by Haki na Sheria.

The petitioner had lamented that the card's rollout was unconstitutional.

During Mugambi's earlier ruling, the High Court ordered that should the rollout continue and if eventually the court finds there was a violation, the process may not easily be redressable.

In recent months, Kenyans have complained of a delay in the issuance of identification cards, a situation worsened by the High Court's order to halt the rollout.

Since January, the Ministry of Interior has been rolling out the card in what Immigration Principal Secretary Julius Bitok explained was in line with the global standard practice where countries have transitioned into issuance of digital ID cards.

Civil societies, however,  are disturbed by the 10-year expiry date slapped on the Maisha Namba cards.

The Milimani Law Courts building which hosts the High Court
The Milimani Law Courts building which hosts the High Court
Photo
Office of the Registrar High Court