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At least 450 entities, including the police, will have unrestricted access to data collected by the new generation of ID cards, the High Court heard on Wednesday.
Haki na Sheria and the Katiba Institute told the court that the government had not disclosed any data-sharing agreement.
The petitioners urged High Court Justice Lawrence Mugambi to extend an order blocking the issuance of third-generation ID cards. They argued that the Maisha Namba project was still in the pilot phase and that the government had failed to provide a data protection plan.
Lawyers Yussuf Bashir and Makku Summayah argued that “The defendant’s actions are illegal and unlawful. The court should refuse to participate in this venture.”
Katiba Institute lawyers George Ogembo and Dudley Ochiel warned that the case could become irrelevant if the government goes ahead with the release of Maisha Namba.
However, Interior Ministry lawyer George Ogunbo urged the court to cancel the order, saying at least 1.2 million Kenyans who had applied for ID cards were suffering losses. He added that the ministry shut down the second-generation ID card system and database last year and overhauled the system for printing ID card numbers on November 14.
“There are no new issues that warrant a preservation order.” Ogunbo argued. He noted that High Court Justice John Chigiti had previously quashed a similar order after the government revealed that Kenyans were having difficulty accessing the important document.
The ministry claims that no new data is being collected. Ogembo explained, “Maisha is just a digital upgrade of the second-generation ID card and birth certificate, and it is also a rebranding. Unlike Huduma Namba, Maisha does not need to be registered in a new database.”
Ogunbo also argued that citizens who have been granted Maisha Namba will not lose their citizenship if the petitioners prevail. “When you weigh the situation, lifting the ban is the more advantageous approach.” He added.
Last month, the High Court again suspended the issuance of the new generation of ID cards.
Maisha’s accessibility to private enterprises
Haki na Sheria believes that the opening of the Maisha ecosystem to private companies (which do not necessarily provide government services) will compromise privacy. The group also believes that citizenship documents are currently valid for 10 years, which means that those who cannot afford or renew them may be considered foreigners in their own country.
The renewal fee for a new ID card is Ksh1,000 and the initial issuance fee is Ksh300. The petitioners believe this is unfair because the previous system issued ID cards for free and only Ksh100 for replacement.
The judges were told that the new payment requirements could hinder the ability of some Kenyans to vote, receive education, health care and other basic services.
Justice and law hold that “It would be premature to force the entire population to pay these fees, especially given existing concerns. If the Maisha ecosystem is later found to be unconstitutional, refunds will also be difficult and face significant difficulties.”
The court is expected to rule on Monday.
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