Maisha Namba data to be shared with 450 entities, High Court told

National Registration Bureau workers sort out second-generation and third-generation Maisha identity cards at Huduma Center of Kakamega on December 21, 2023. [Benjamin Sakwa, Standard]

At least 450 entities, including the police, will have unfettered access to data collected under the new generation identification cards.

The High Court was yesterday told that the government had not disclosed data-sharing agreements.

While urging High Court judge Lawrence Mugambi to extend orders barring the government from issuing third-generation IDs, Haki na Sheria and Katiba Institute argue that the project dubbed Maisha Namba is still in the piloting stage, and the government has failed to provide a data protection plan.

“The actions of the respondents are illegal and unlawful. The court should decline to participate in this venture,” argued lawyers Yussuf Bashir and Makku Summayah.

Katiba lawyers, George Ogembo and Dudley Ochiel, said the case would be rendered useless if the government is allowed to continue issuing Maisha Namba

Nevertheless, Ministry of Interior lawyer George Ogembo urged the court to lift the orders, arguing that there are at least 1.2 million Kenyans who applied for the IDs who were suffering.

He said the ministry wound up the second-generation ID system and database last year. Further, the old system of printing ID numbers was overhauled on November 14.

“There are no new issues that have been brought to you for issuance of conservatory orders,” argued Ogembo.

According to him, High Court judge John Chigiti lifted similar orders after the government disclosed that Kenyans were not getting the crucial document.

The ministry claimed no data was being collected. “Maisha is a digital upgrade of the second-generation ID, birth certificate, and rebranding. There is no enrollment into a database, unlike Huduma Namba,” said Ogembo.

“The citizens who have been issued with Maisha Namba will not cease their citizenship pending complete phase-out if the petitioners were to win. If you contrast this, you will find that the favour tilts in lifting orders issued.”

The High Court last month, for a second time, stopped the government from issuing the new generation cards.

“Pending the hearing and determination of this application, a conservatory order be and is hereby issued staying/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,” ruled Justice Mugambi.

Poor Kenyans

Haki na Sheria argues that privacy cannot be guaranteed as the Maisha ecosystem will be accessible to private firms not necessarily offering government services.

The organisation says the current 10-year expiry of the crucial citizenship document means that anyone who either has no money to renew or is unable to would be considered a foreigner in their own country.

Those issued with the new IDs will have to renew them by parting with Sh1,000 for renewals and Sh300 for first-time holders.

The petitioners say this was unfair as the document was issued free in the old arrangement and Sh100 to replace a lost one.

The judge heard that this could limit some Kenyans from voting, and accessing education, movement and healthcare, among other services.

“The condemning of the entire citizenry to the payment of these sums, especially in light of all the other concerns, is premature; the refund of this is also a matter that cannot ultimately be done without great hardship after the Maisha Ecosystem is deemed unconstitutional,” argues Haki na Sheria.

The ruling will be made on Monday.