High Court Temporarily Halts Implementation of Maisha Number, New IDs with Expiry Dates
In a significant legal development, the High Court of Kenya has issued a temporary injunction stopping the implementation of the Maisha Number and the new identification cards that were set to include expiry dates. The decision was made following a petition challenging the legality and constitutionality of these new measures.
The petitioners, comprising civil society groups and concerned citizens, argued that the introduction of the Maisha Number and the new IDs infringes on fundamental rights and freedoms. They claimed that the proposed changes were made without adequate public participation and transparency, as required by law. “The rollout of the Maisha Number and the new IDs was done in a manner that is opaque and disregards the constitutionally mandated requirement for public involvement,” said one of the lead petitioners.
In response, the High Court noted the gravity of the concerns raised and emphasized the need to scrutinize the legality of the new identification system. Justice Mary Kasango, who presided over the case, stated, “It is imperative that any changes to the national identification system are made in strict compliance with the law and with full regard to the rights of the citizens. Until such time that this court is satisfied that these requirements have been met, the implementation of the Maisha Number and new IDs is hereby temporarily halted.”
The government, which had been preparing to roll out the new system nationwide, defended the changes as necessary for enhancing national security and improving the accuracy of the national database. However, critics pointed out potential privacy issues and the logistical challenges posed by introducing IDs with expiry dates. “We understand the need for modernizing the identification system, but it must not come at the expense of citizens’ rights and without proper safeguards,” argued a representative from the Kenya Human Rights Commission.
Justice Kasango further directed that a detailed hearing on the matter be scheduled to allow for comprehensive arguments from both sides. She stressed the importance of ensuring that any identification system respects the constitution and the rights enshrined therein. “The court will thoroughly examine the processes involved in the introduction of the Maisha Number and the new IDs to ensure they adhere to the principles of fairness, transparency, and legality,” she added.
The ruling has been met with mixed reactions from the public. Some citizens expressed relief, believing that the court’s intervention would prevent potential misuse of personal data and arbitrary decisions related to ID renewals. Others, however, were concerned about the potential delays in modernizing the identification system and the implications for national security initiatives.
As the legal battle unfolds, the temporary halt on the implementation of the Maisha Number and the new IDs will remain in effect. The case is set to be a landmark in the ongoing discourse on balancing national security measures with the protection of individual rights and freedoms in Kenya.
