Appeal ruling on Huduma set for March

The Court of Appeal will on March 18 rule on whether to suspend the High Court judgement, which declared Huduma Namba illegal.

Attorney-General Kihara Kariuki yesterday asked Justices Agnes Murgor, Msagha Mbogholi and Imaana Laibuta to suspend the judgment saying the state’s appeal will be rendered nugatory if a stay order is not granted.

The High Court last year declared the roll out of Huduma Namba, which the government spent more than Sh10 billion on, illegal, for being in conflict with the Data Protection Act.

Justice Jairus Ngaah ruled that the state failed to ensure that the bill of rights including the right to privacy was respected and protected during the processing and roll out of the cards.

The Judge had ordered the state to conduct a data protection impact assessment in accordance with section 31 of the data protection act before processing of data.

The AG filed an appeal to the said judgment saying the Judge erred in law in declaring the roll out illegal.

Yesterday, the AG in seeking for stay, argued that the Rolling out of Huduma Number Cards is a matter of national importance and public interest tilts in granting the Stay orders sought.