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Kenya’s high court has once again paused the rollout of the country’s digital identity program, pending the outcome of a constitutional challenge. This marks the third suspension in four years.
Justice Lawrence Mugambi ruled that continuing the Maisha Namba program while a case brought by rights group Haki na Sheria is still being heard presents an unacceptable risk. The judge noted that if the digital identity scheme is ultimately found unconstitutional, reversing its implementation would be problematic.
The rights group presented the court with a July 22 circular from the Kenyan government, informing the public of an impending mass biometric enrollment campaign. This campaign, they argued, poses risks of inadequate data protection and exclusion of certain groups—concerns that were central to the legal challenge filed by Haki na Sheria and other civil society groups last year.
Previously, an injunction against Maisha Namba was lifted by the high court in February as the constitutional challenge progressed. However, this recent ruling reinstates the pause on the program.
Haki na Sheria, along with other organizations, signed a letter from the Kenyan Human Rights Commission warning the government about potential issues with the system. They emphasized that without a public data protection impact assessment and other safeguards, the Maisha Namba program could face the same pitfalls as its predecessor, Huduma Namba.
Kenya’s Huduma Namba digital identity system was found non-compliant with the country’s Data Protection Act in late 2021. A change in government in 2022 led to the introduction of the new Maisha Namba digital ID program.
The future of Maisha Namba will remain uncertain until at least September 17, when the court is expected to issue further directions.
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