In a significant development, the High Court has lifted an injunction that previously halted the government's rollout of the digital identifiers known as Maisha Namba. The decision, handed down on Friday, marked a pivotal moment in the ongoing legal battle surrounding the program.

The court, while lifting the orders, opted to transfer the case from the Judicial Review Court, where the initial petition had been lodged, to the Constitutional Division of the High Court. This decision came after arguments from the Interior Ministry's legal representatives, who highlighted the risk of conflicting judgments emerging from the two court divisions handling distinct cases related to the legality of Maisha Namba.

The government's legal team further criticized the petitioners, Katiba Institute, asserting that the NGO had failed to disclose the existence of a second petition. Maisha Namba had been suspended the previous year, leading to a backlog of ID applications across the country.

Justice John Chigiti, in his ruling, acknowledged the concerns raised by the petitioners, agreeing that a data protection impact assessment had not been conducted before the rollout. The court's decision granted leave for the case to proceed, effectively staying any immediate implementation of Maisha Namba.

Katiba Institute, the petitioner, reiterated claims that the Interior Ministry had failed to conduct adequate public participation and had violated provisions of the Data Protection Act. They accused the ministry of proceeding with the rollout without proper assessment of the risks posed to individuals' rights and freedoms.

Commenting on the court's ruling, Interior Ministry Principal Secretary Julius Bitok expressed relief, noting that the decision would benefit over 600,000 Kenyans whose ID applications had been stalled due to the injunction. Bitok assured the public that the ministry would prioritize processing pending applications on a first-come-first-served basis, signaling a swift resumption of ID issuance procedures.