On July 25, 2024, the High Court temporarily blocked the government’s plan to introduce the Maisha card, the new 3rd generation ID, following a legal challenge by Haki na Sheria Initiative.
“The Court is satisfied that based on the latest disclosure, an order staying any further and/or continued implementation pending the hearing and determination of this application ought to issue,” wrote Hon. Justice Mugambi of the Milimani Law Courts in Nairobi.
The petitioners expressed concern that the disclosure of personal information without adequate data protection measures could lead to prejudice against certain individuals. They also argued that the Maisha Namba system would further marginalize disadvantaged groups. Historically, certain communities in Kenya have had challenges applying for a national ID.
The Kenyan government commenced the comprehensive collection, processing, and storage of citizen data for the implementation of the third generation identification card and associated database. Government actions followed after the High Court lifted an injunction on printing Digital IDs. Initially, there had been an order issued in December 2023 barring the registration and issuance of the new digital IDs.
The recent court order yet again stops the implementation of the Unique Personal Identifier (UPI) National Identification number (Maisha Namba). The government must respond to the application within seven days, meaning it only has two days left. The court is set to give further directions on 17th of September this year.
However, even as the conservatory order are put in place, the government has already began issuing the Maisha Card that has the Maisha Namba. For example, applicants who applied in January 2024, even before the high court lifted the December injunction, have been issued with the digital ID. It is worth noting that the processing period has been extremely slow.
In addition, the new Maisha Card comes with a 10-year validity period, a matter that has been a major concern for Kenyans. Further, raising concern is the Election Laws Amendment Bill which seeks to introduce the word “valid” to identification documents. Kenyans are concerned that failure to renew ID cards in time may lock them out of elections if the bill is passed.
On the matter, vocal Busia Senator, Okiya Omtatah said, “Kenya Kwanza Government, just issue the ID cards you found, they never had an expiry dates,”. Ironically, maisha means lifetime, hence an expiry date kind of beats the point.
