Editor's Review

On Thursday, October 14, 2021, the High Court has declared the roll out of Huduma Namba illegal for being in conflict with Data Protection Act.

Interior CS Fred Matiang'i has announced that the Government will appeal High Court's decision that declared Huduma Namba illegal. 

On Thursday, October 14, 2021, the High Court has declared the roll out of Huduma Namba illegal for being in conflict with Data Protection Act.

Justice Jairus Ngaah stated that the government failed to conduct data impact assessment, therefore, contravening the Data Protection Act.

President Uhuru Kenyatta enrolling for Huduma Namba in 2019 [COURTESY]

Speaking on Friday, 15, CS Matiangi' faulted the High Court's decision arguing that it was based on wrong interpretation. 

"The government will appeal the High Court decision declaring Huduma Card illegal. Our conviction is that the Court's decision is based on the wrong interpretation of the essence and practical intentions of the Card, which is key to GoK's agenda to digitize service delivery," the CS said. 

Read Also: High Court Declares Huduma Namba Rollout Illegal

According to section 31 of the Data Protection Act, data processing should be preceded by a data protection impact assessment to assess any data processing risks so that they can be mitigated.