The High Court has suspended any further rollout of the new digital identity cards popularly known as Maisha Namba.
The suspension is pending the determination of a case filed by the Haki na Sheria Initiative.
Justice Lawrence Mugambi issued the order saying it would be difficult to remedy damage caused if the court eventually finds the process unconstitutional.
"The court is satisfied that based on the latest disclosure, an order suspending any further or continued implementation of Maisha Namba, Maisha card and Maisha Database pending hearing and determination of this application ought to be issued," the judge said.
Haki na Sheria Initiative informed the court of a July 22, circular which confirmed the beginning of mass collection, processing and storage of data for the Maisha namba and enrollment into the Maisha Database (Maisha Namba ecosystem)
The Maisha ecosystem enrollment according to the papers is in three ways. One is the issuance of Maisha cards to children being born at birth, the other is to first-time ID applicants who have turned 18- years old and the other is to adults who hold the 2nd generation ID and apply for replacement upon loss.
The petitioner has disputed the whole of Maisha ecosystem rollout owing to a possible breach of mass personal data and permanent exclusion of select groups of people.
The court heard that the Maisha ecosystem lacks sufficient safeguards for the processing of personal data.
"There is a great risk of prejudice being caused to members of the public and their right to privacy by the disclosure of certain types of personal information in the absence of proposals on how the data will be protected," reads their documents in part.
The rollout they say is bound to stiffen the already widened exclusion margin on citizenship in Kenya.
This they say is because there are groups mainly children from minorities and marginalised communities who have trouble procuring citizenship documents such as birth certificates owing to either challenges in accessing registration centres or years of secondary vetting of their parents and grandparents in procuring 1st and 2nd generation ID.
This problem they say is similarly faced by double registered persons.
"If the state is allowed to proceed with this process, there is going to be a countless number of people who will be left in a state of limbo," Haki says.
"They will not be able to go back and obtain Maisha card at birth nor be able to replace the same as adults for lack of the 2nd generation ID."
This they say will affect other constitutional rights such as the right to access government services, education, and healthcare among others.
Justice Mugambi directed the petitioner to serve the respondents in the case with the application by July 26.
The respondents are listed as the Attorney General, CS Interior, Director General of Kenya Citizens and foreign nationals management service, Principal Registrar of Births and Deaths and Principal Registrar of Persons.
Further directions will be issued on September 17.
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