Source: The Standard (Nairobi)
By Kamau Muthoni
The Court of Appeal has dismissed a plea by the government to continue issuing Huduma Namba cards without conducting impact assessment on data protection.
A three-judge bench comprising justices Agnes Murgor, Mbogholi Msagha and Imana Ldaibuta ruled that the government was already complying with the High Court orders.
According to the judges, there was nothing in the orders issued by Justice Jairus Ngaah last year to suspend. They agreed with the respondents – Katiba Institute and Yash Pal Ghai – that the State had moved to the court too late in the day.
“We agree with the respondents, and are persuaded, that the circumstances of the case before us do not call for stay of the order of mandamus as sought. To grant such orders would be in vain, as no orders of the kind sought can arrest the doing or undo what has already been done,” the bench, headed by Justice Murgor, ruled.