High Court Judge Justice Lawrence Mugambi directed that the rollout commences after finding that the suspension had threatened adverse consequences to a large number of Kenyans seeking the ID cards.
The High Court has set aside conservatory orders issued on Thursday, July 25 that suspended plans by the government to roll out a digital identification card called the Maisha Namba Card, a move that hands a significant win to Kenyan Identity Card seekers.
In its ruling issued on Monday, August 12, High Court Judge Justice Lawrence Mugambi directed that the rollout commences after finding that the suspension had threatened adverse consequences to a large number of Kenyans seeking the ID cards.
“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.”
Interior CS Kithure Kindiki taking oath at State House, Nairobi on August 8, 2024. /PCS
Mugambi also found that Kenyans not getting identity cards could mean loss of job opportunities. Furthermore, they may not access other crucial documents like driving licences, registration of companies and businesses and so on.
He made reference to findings by Interior Cabinet Secretary (CS) Kithure Kindiki that there were over 1,215,095 backlog identity cards for Kenyans that were pending processing as of July 31, 2024, a backlog he lamented was increasing at the rate of 10,000 every day.
“The question of public interest, is which side does public interest tilt? Is it in stopping the processing of Maisha cards and the associated products pending the hearing and determination of the Petition or not stopping?” Justice Mugambi posed.
On July 25, the judge ordered that the roll-out be suspended after hearing a petition from Haki na Sheria Initiative, a human rights lobby that sought orders to bar the continuation of the issuance of the Unique Personal Identifier (Maisha Number) and all relevant documents.
Mugambi said then that there were gaps in the roll-out of the Kenya Kwanza administration project that risked the roll out being ruled unconstitutional.
The human rights lobby argued that there was a possible breach of the data by non-government agencies. Additionally, the roll-out of the project threatened to further exclude marginalized groups in the country from accessing national identification documents.
Haki na Usawa also argued that the proposal to have a 10-year expiry on the new digital cards will mean those who can’t afford to renew will be considered non-citizens.
According to the new proposals by the Ministry of Interior, it will cost Ksh300 for a first-time ID application and Ksh1,000 to replace a lost ID. This will be a great difference from the traditional Ksh100 to replace a lost ID and no charge for new applicants.
PS Bitok inspects the newly acquired ID card printing machine in Nairobi on June 11, 2024. /FILE