Kenya High Court declares Huduma Namba illegal

The High Court of Kenya has recently declared the rollout of the controversial Huduma Namba, a national identification card system, illegal due to concerns over data protection issues. The government had reportedly spent over 10 billion Kenyan shillings on the project, which aimed to consolidate citizen information into a single database. The court's decision came after it found that the government had not put in place adequate safeguards to protect the data collected under the Huduma Namba initiative. As a result, the court ruled that the rollout was in conflict with the Data Protection Act and Article 31 of the constitution, which guarantees the right to privacy. In a recent news interview with CNBC Africa, tech expert Alex O'Vity provided insights into the reasons behind the court's ruling. O'Vity highlighted the importance of conducting data protection impact assessments, which the government failed to do before initiating the Huduma Namba rollout. He emphasized that such assessments are mandatory under the Data Protection Act of 2019 to ensure that data controllers and processors protect individuals' privacy rights. The government began issuing Huduma Namba cards in December 2020, declaring that the current national identification cards would no longer be valid after December of the following year. Despite the court's ruling, the government has been given an opportunity to rectify the data protection concerns and continue with the rollout after addressing the inconsistencies. O'Vity suggested that the government must conduct the required data protection assessment to comply with the law and regain public trust. The court's decision on the Huduma Namba rollout has raised questions about the government's handling of taxpayer funds and its adherence to legal requirements. With 10 billion Kenyan shillings already spent on the project, concerns loom over the potential waste of public resources if the rollout had been halted completely. However, the court's decision offers the government a chance to correct the anomalies and ensure compliance with data protection regulations. Data privacy and protection are crucial in today's digital age, especially as governments and businesses increasingly rely on individual information for various purposes. The creation of the Data Protection Commissioner's office under the new data protection law is a step in the right direction to safeguard data privacy rights. The commissioner will play a pivotal role in overseeing the collection and use of both private and public data, aligning with constitutional provisions on privacy protection. Moving forward, the government will need to address the data protection concerns raised by the court, conduct the necessary assessments, and ensure compliance with the Data Protection Act and constitutional provisions. The Huduma Namba initiative, if properly implemented with robust data protection measures, could streamline government services, prevent data duplication, and support economic planning and development. By upholding data privacy rights and improving data management practices, the government can build trust and accountability with its citizens and stakeholders.