Exiled Lawyer Miguna Miguna has reacted after a High Court in Kenya declared the Huduma Namba Rollout by the government illegal.
Miguna dared those who claimed that the recent International Court of Justice (ICJ) ruling on the Kenya-Somalia maritime boarder was made by foreigners in a foreign court to say the same on Huduma Namba ruling.
He also questioned whether Justice Jairus Ngaah who made the judgment is a foreigner.
“Will those who yelled about “a foreign court” and “foreign judges” when despotic litigators lost to Somalia at the International Court of Justice now shout that Justice Ngah and the High Court ruled that #hudumanamba is illegal because they are foreigners?”tweeted Miguna.
The High Court on October 14, 2021, declared the Huduma Namba invalid after determining that the law was not followed in its rollout.
Justice Ngaah stated that the government failed to conduct data impact assessment, therefore, contravening the Data Protection Act.
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.
Since the government failed to observe the above law, Justice Ngaah, ordered that it creates firewalls to protect Kenyan’s data as the cards have already been rolled out.
He further ruled that a petition seeking to halt the rollout of the cards is of no use as the government had already initiated the process.
Katiba Institute had moved to court to halt the roll out process, arguing that there is no data protection impact assessment as per Section 31 of the Data Protection Act, 2019.