Judge Halts Kenya’s Digital ID Effort, Citing Constitutional Concerns

The rollout of Kenya’s new digital identity system, Maisha Namba, has been temporarily halted by the country’s High Court following a legal challenge. Justice Lawrence Mugambi issued the suspension order, stating that it would be difficult to remedy any damage caused if the process is later found unconstitutional.

The court has directed the petitioner, the Haki na Sheria Initiative, to serve the respondents with the legal documents related to the case by July 26, with further directions expected on September 17.

The Maisha Namba project has been a significant initiative by the Kenyan government to modernize its national ID system. Launched with a budget of Sh1 billion (about $6.84 million), the program aims to replace the existing National ID cards with a more secure digital system. The new IDs are intended to be issued at birth and used for various purposes, including education and tax identification. Despite the promising advancements, the project has faced scrutiny and opposition, particularly concerning privacy and data protection issues.

Kenya’s commitment to the digital ID system has been evident with substantial investments and partnerships. Earlier this year, the government allocated Sh15.13 billion (around $117 million) for the rollout of digital IDs and related initiatives for the 2024/2025 fiscal year. The project includes the issuance of digital ID cards, biometric passports, and other essential documents. Additionally, a memorandum of understanding was signed with the UNDP to provide technical assistance and secure funding for the project, highlighting the government’s determination to advance its digital identity infrastructure.

However, the rollout of the Maisha Namba has not been without controversy. The Haki na Sheria Initiative, an NGO, filed a case against the rollout, citing concerns over mass data collection and the potential exclusion of marginalized groups. The petitioner argued that the Maisha ecosystem lacks sufficient safeguards for data processing and poses a significant risk to public privacy. The group also highlighted the challenges faced by minorities and marginalized communities in obtaining necessary citizenship documents, which could lead to further exclusion under the new system.

The suspension order from Justice Mugambi underscores the need for a cautious approach in implementing such a comprehensive digital ID system. And the case’s outcome will be critical in determining the future of the Maisha Namba project and its impact on Kenyan citizens.

Source: The Star

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July 25, 2024 – by Ali Nassar-Smith