Justice Jairus Ngaah, however, has given the Home Office the opportunity to regulate the process by ordering an impact assessment on the data of over 36 million Kenyans, many of whom have already collected their Huduma cards.
The Katiba Institute sued the Home Office last year for blocking its rollout, arguing that there were no guarantees that Kenyans’ data would be safe from misuse.
“This is Issue an order that this Honorable Court overturn the government decision of November 18, 2020 introducing Huduma Cards as ultra-vires of the Data Protection Act 2019. An order is hereby issued by mandamus forcing the government to conduct a data impact assessment in accordance with Section 31 of the Data Protection Act of 2019 before the processing of data and the introduction of the Huduma cards, “judged Judge Ngaah.
The Interior Minister erium had argued that the data protection law was in effect before the Huduma card was introduced.
But Justice Ngaah ruled that the data protection law should have been passed retrospectively. This means that the Federal Ministry of the Interior should have complied with the Data Protection Act after it came into force.