Court Lifts Orders for Maisha Card Implementation as Government Addresses ID Backlog
The government has received the green light to proceed with its plans for registering individuals and issuing the new-generation National Identity Card, commonly known as the Maisha Card.
This development comes in the wake of High Court Judge John Chigiti lifting the earlier orders that had halted the implementation of these plans. Additionally, Judge Chigiti has directed that the matter be transferred to the constitutional human rights division for a thorough hearing and determination.
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The legal proceedings unfolded as the government, represented by Morara, Apiemi & Nyangito Advocates acting for the State Department of Immigration & Citizen Services, sought to have the suspension orders lifted.
Their argument rested on the grounds of material non-disclosure on the part of the applicant, Katiba Institute. It was emphasized to the court that there is another related pending case with similar facts and subject matter, for which the court had already issued directions.
During the court proceedings, Immigration Principal Secretary Julius Bitok, in an affidavit, asserted that the earlier orders restraining the Maisha Number exercise must not be allowed to stand.
He highlighted the claim that the state lacks a legal basis for implementing the Maisha Namba, and the government proceeded without conducting a State protection impact assessment, thereby violating Section 31 of the Data Protection Act and a court ruling.
Katiba Institute, the applicant in the case, argued that the Maisha Number intends to replace the previously stalled attempt to roll out the Huduma Namba.
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Similar to the Huduma Number, the Maisha Namba requires individuals in Kenya to provide biographical information and biometric data, including date of birth, gender, facial image, parentage information, and contact details.
The court was informed that the judicial review application in question was deemed malevolent, characterized as a misuse of judicial procedure, and designed to compel the respondents to address a multiplicity of suits.
Expressing gratitude for the court’s decision, Immigration Principal Secretary Julius Bitok acknowledged the relief it brings to over 600,000 Kenyans whose ID card applications had been stalled due to the earlier court order.
Bitok assured citizens that the department is fully committed to addressing the backlog promptly, emphasizing that IDs would be produced on a first-in-first-out basis, starting immediately.
Bitok, in a reported speech, stated, “We appreciate the patience and support shown by Kenyans throughout this period of uncertainty. Rest assured, we are fully dedicated to expediting the processing of ID cards and ensuring that all eligible applicants receive their documents without further delay.”
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Additionally, he pledged to continue implementing reforms within the Kenya National Identity ecosystem, respecting constitutional principles and citizens’ rights. Bitok highlighted the importance of engaging with stakeholders to gather meaningful input for the ongoing development of the country’s digital identity infrastructure.
High Court judge John Chigiti lifted the earlier orders that had suspended the issuance of the new generation National Identity Card, also known as Maisha Card. The judge directed the matter to be transferred to the constitutional human rights division for hearing and determination.
The Maisha Card, set to replace the current 2nd generation ID, will bear Maisha Namba and function as a 3rd generation ID. Maisha Namba will serve as a unique personal identification number assigned to Kenyan citizens upon registration, typically at birth, becoming their lifelong personal identity number from birth to death.
For newborns, Maisha Namba will also serve as their birth certificate number, facilitating registration in educational institutions, NHIF, and transitioning to an ID number once they reach 18 years of age.
It will serve as their Personal Identification Number (PIN) for accessing various government services throughout their lifetime, managing data for all registered citizens, refugees, and foreigners using fingerprint biometric technology.
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Conversely, the Digital ID will be a digital representation with enhanced security features, including a microprocessor electronic chip with encrypted data, making forgery and manipulation nearly impossible. The card will include a photo image, an ID number, a card serial number, biometric and biographic data, residential particulars, and advanced security elements.
Court Lifts Orders for Maisha Card Implementation as Government Addresses ID Backlog
