The ruling comes just when the Kenya government had embarked on a massive drive to phase out the current ID and replace it with the Huduma number
As if the disappointing ICJ court ruling is not enough, judges have decided to deal Kenya’s head of state yet another blow! The defiant judges appear to be following a well-choreographed script left by retired ‘fire-spitting” former chief justice David Maraga has ruled that the Huduma number is illegal.
The ruling comes just when the Kenya government had embarked on a massive drive to phase out the current ID and replace it with the Huduma number. The judges have twice outlawed the president’s backed Building Bridges Initiative (BBI) move to amend the 2010 constitution.
“An order is hereby issued to bring into this honourable court to quash the government decision of November 18, 2020, to roll out Huduma cards for being ultra vires of the data protection act 2019,” the court ruled.
“Order of mandamus is hereby issued compelling the government to conduct a data protection impact assessment in accordance with section 31 of the Data Protection Act before processing of data and rolling out the Huduma cards,” the judge added.
The government has been planning to phase out the identity cards in favour of Huduma Namba by 2021. As of September 2021, at least 9 million Huduma Namba cards had been processed and dispatched across the country.
In 2020 the courts also allowed the government to proceed with Huduma Namba’s implementation on the condition that there is an appropriate and comprehensive regulatory framework that is compliant with the Constitution.
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