The government can now go ahead with its plans of registering people and issuing new generation National Identity Card also known as Maisha Card.
This is after High Court judge John Chigiti lifted earlier orders that had suspended the plans. The judge has further directed that the matter be transferred to the constitutional human rights division for hearing and determination.
The government through Morara, Apiemi & Nyangito Advocates acting for the State Department of Immigration & Citizen Services had filed an application seeking to have the orders lifted on grounds that there was material non-disclosure on the part of the applicant -Katiba Institute.
He told the court that there is another related pending case on the same subject and similar facts which the court had issued directions.
“The judicial review application herein is malevolent, a misuse of judicial procedure and designed to compel the respondents to answer to a multiplicity of suits,” the court was told.
In an affidavit, Immigration Principal Secretary Julius Bitok said that the earlier orders stopping the Maisha Number exercise cannot be allowed to stand.
In the case, Katiba Institute claims that the state has no legal basis for implementing the Maisha Namba and that the government has proceeded without requiring a State protection impact assessment, in violation of Section 31 of the Data Protection Act and the court ruling.
“The Maisha Number is meant to replace the stalled attempt to roll out the Huduma Namba. As with the Huduma Number, the Maisha Namba requires Kenya to provide biographical information and biometric data, including date of birth, gender, facial image, parentage information and contact information,” submitted Katiba Institute.
