The Milimani High Court has issued conservatory orders staying the further implementation of the Unique Personal Identifier, commonly known as the Maisha Namba, until petitions challenging its rollout are heard and determined in October.

The decision follows a petition filed by Haki na Sheria Initiative against the national government, Attorney General, Interior Cabinet Secretary, and Principal Registrars of Births, Deaths and Persons.

Lawyer Summayah Mokku, representing Haki na Sheria, argued that the Maisha Namba rollout violates the rights and freedoms guaranteed under the Constitution.

"The Respondents have also contravened or threaten to contravene other provisions of the Constitution including Articles 10, 73, 94, 129 and 232 on transparency, right to public participation, right to access information among others," read court documents.

"The recent confirmations of the Respondents actualize the existing threats to these rights and fundamental freedoms in issue including potential irreversible risk of breach of mass personal data and permanent exclusion of select groups of the population in contravention of Article 31 and 27 of the Constitution respectively. The actions of the Respondents will also undoubtedly render the adjudication of the Petitions before this Honorable Court nugatory and the consequent court process an academic exercise."

While delivering his ruling, Milimani High Court Judge Lawrence Mugambi noted that the respondents are actively collecting, processing and storing data despite security concerns laid out in earlier petitions.

"There is 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 that data will be protected," ruled the Judge.

"Should the respondents be allowed to proceed with this process and later on it is found to be unconstitutional; there is no amount of compensation or measures that can redress data breach.”

Justice Mugambi also opined that the Maisha Ecosystem is bound to solidify the already widened exclusion margin on citizenship in Kenya.

"Pending the inter-parties hearing and determination of this Application, the Honourable Court be pleased to issue a conservatory order ex parte staying and/or halting the further and continued implementation of the Unique Personal Identifier (Maisha Namba), 3rd Generation National Identification Card (Maisha Card), Maisha Digital ID and Maisha Database," he ruled.

"That the Honourable Court be pleased to issue a conservatory order restraining the Respondents whether by themselves, or any of their employees or agents or any person claiming to act under their authority from collecting, processing or storing data of Kenyans and foreign nationals in Kenya in purport of issuance of a Unique Personal Identifier (Maisha Namba)." 

The judge, who will issue further directions on the matter on September 17, gave the respondents seven days to file their responses on the verdict.