Kenya’s High Court has paused the country’s digital identity rollout due to the outcome of a constitutional challenge.
Details
According to a report by The Star, Justice Lawrence Mugambi ruled that allowing the Maisha Namba program to continue while a case brought by Haki na Sheria is unacceptable.
If the digital identity scheme is found unconstitutional, it would be difficult to undo the damage done, the judge ruled.
Zoom Out
The rights group informed the court of a July 22 circular from Kenya’s government informing the public of a mass biometric enrollment campaign. That campaign would entail the risks to Kenyans from inadequate data protection and exclusion of certain groups that Haki na Sheria and other civil society groups filed their legal challenge over last year.
The group said that without a public data protection impact assessment and other safeguards and elements of public engagement, Maisha Namba is doomed to repeat the fate of its predecessor.
Kenya’s Huduma Namba digital identity system was found non-compliant with the country’s Data Protection Act in late-2021, and a change in government in 2022 led to the introduction of the new digital ID.
What Happens Next
Now, the Maisha Namba program’s fate has been set aside until at least September 17, when further directions from the court are expected, according to The Star.
Source: Biometric Update
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