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High Court Declares Huduma Namba Roll out Illegal

The High Court ruled that the Huduma Namba rollout was unconstitutional because it violated the Data Protection Act of 2019.

Section 31 of the Data Protection Act requires that any data processing be preceded by a data protection impact assessment to identify and mitigate any data processing risks.

Justice Jairus Ngaah, who delivered the verdict, stated that the assessment was not completed prior to the implementation of the Huduma Namba.

The court, however, noted that a petition to halt the Huduma Namba rollout was futile because the government had already begun issuing the cards.

As a result, the government was directed to put safeguards in place to protect Kenyans' data.

In this case, Katiba Institute filed a lawsuit to prevent the State from implementing the cards, claiming that there was no data protection impact assessment as required by Section 31 of the Data Protection Act of 2019.

They claimed that by releasing the Huduma number, the respondents violated the court's decision from early last year.

The government, on the other hand, objected to the case, claiming that the Act does not apply in the case at hand.

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Data Protection Act High Court Huduma Huduma Namba Katiba Institute


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