The government has been dealt a blow after High Court ruled that the roll out of Huduma Namba cards was and is illegal.
This is based on grounds that there exists a conflict with regards to the Data Protection Act, 2019.
Delivering the verdict, Justice Jairus Ngaah ordered the government to conduct a data protection impact assessment in accordance with section 31 of the Act as the cards have already been rolled out.
However, the court noted that a plea which sought to have the Huduma Namba roll out stopped is of no use since the government has already rolled out the exercise of Huduma Cards.
This is after Katiba Institute moved to court to stop the roll out of the cards by the State, arguing that there is no data protection impact assessment as per Section 31 of the Data Protection Act, 2019.
They argued that by rolling out the Huduma Namba the respondents flouted the judgement of the court issued early last year.
“The Data Protection Act rights to privacy were guaranteed the moment the constitution was promulgated …,”they argued
The government however objected the case saying that the Act does not apply in the case before the court.
Besides, there has been concern that Huduma Namba cards could be used in to determine one’s eligibility to vote in the forthcoming general election.
The Government spokesperson Rtd. Col Cyrus Oguna has, however, allayed fears that the cards would used in the elections.
“While it would have been the most preferred document, there was delay in the Huduma Namba process after the court issued an injunction in May 2019,”he said.