Mugambi said there are gaps in the roll-out of the Kenya Kwanza administration project that might eventually be ruled unconstitutional.
The High Court for the second time on Thursday, July 25 suspended plans by the government to roll out a digital identification card called the Maisha Namba Card, a move that will force Kenyan Identity Card seekers to wait longer.
High Court Judge Justice Lawrence Mugambi 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 there are gaps in the roll-out of the Kenya Kwanza administration project that might eventually be ruled unconstitutional.
The Milimani Law Courts in Nairobi. /FILE
“Pending the hearing and determination of this application, a conservatory order be and is hereby issued staying/halting the further and continued implementation of the Unique Personal Identifier (Maisha Namba), 3rd Generation National Identification Card (Maisha Card), Maisha Digital ID and Maisha Database,” he said.
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 is likely to further exclude marginalized groups in the country from accessing national identification documents.
“If the state is allowed to proceed with this process, there is going to be a countless number of people who will be left in a state of limbo,” the lobby group said.
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,
“The condemning of the entire citizenry to the payment of these sums especially in light of all the other concerns is premature; the refund of this is also a matter that cannot ultimately be done without great hardship after the Maisha Ecosystem is deemed unconstitutional,” Haki na Usawa Initiative noted.
Kenyans use their IDs in accessing healthcare, education, voting rights and in movement and travel among other areas, a matter the lobby argued will be greatly affected if such changes are effected.
According to the Immigration Department, the rollout of the new generation IDs / Maisha cards will be carried out in three ways; to newborn children who will use it throughout their lifetime, to teenagers when doing first-time applications and to those with the current second-generation ID cards that have been used since 1995 seeking to replace.
