Protection Act and conducted a data impact assessment before processing personal data and rolling out the Huduma Cards. 24. The NIIMS was grounded in section 9A of the Registration of Persons Act which in turn came about as a result of Miscellaneous Amendments Act. It was as a result of the amendment that the rst two respondents embarked on a nationwide collection of personal data; in other words, section 9A, the newly introduced provision of the law in the Registration of Persons Act was the legal basis of the nationwide exercise to collect data. The Miscellaneous Amendments Act was nullied by a three-judge bench of the High Court, amongst other laws that were purportedly enacted by the National Assembly without involving the Senate contrary to the Constitution. The respondents led an appeal against Petition No. 284 of 2020 but the instant court was not so certain about the status of the appeal. Application partly allowed. Orders i. The interested party’s objection against the 2nd applicant’s application was sustained; however, it was overruled with respect to the 1st applicant’s application. ii. An order of certiorari was issued to bring to into the court and quash the respondents’ decision of November 18, 2020 to roll out Huduma Cards for being ultra vires section 31 of the Data Protection Act, 2019. iii. An order of mandamus was issued compelling the respondents to conduct a data protection impact assessment in accordance with section 31 of the Data Protection Act, 2019 before processing of data and rolling out the Huduma Cards. iv. No order as to costs. Citations Cases East Africa; 1. Commissioner of Income Tax v Pan African Paper Mills (EA) Limited [2018] eKLR — (Explained) 2. Linmerx Holdings Limited & another v Mercy Nduta Keng’ara t/a Mwangi Keng’ara & Co Adv & 6 others [2016] eKLR — (Cited) 3. Mark Ndumia Ndung’u v Nairobi Bottlers Ltd & another [2018] eKLR — (Cited) 4. Mary Wambui Munene v Peter Gichuki King’ara & 2 others — (Explained) 5. Municipality of Mombasa v Nyali Limited (1963) EA — (Cited) 6. Nairobi Law Monthly Company Ltd v Kenya Electricity Generating Company & 2 others [2013] eKLR — (Cited) 7. North West Water Ltd v Binnie & Partners — (Explained) 8. Owners of the Motor Vessel “Lillian S” v Caltex Oil (Kenya) Ltd (1989) KLR — (Cited) 9. Republic v Benjamin Jomo Washiali, Majority Chief Whip, National Assembly & 4 others Ex-parte Alfred Kiptoo Keter & 3 others [2018] eKLR — (Explained) 10. Republic v Ministry of Interior and Coordination of National Government Ex-parte ZTE Corporation & another [2014] eKLR — Explained 11. Republic v National Environmental Management Authority [2011] eKLR — (Explained) 12. National Assembly v Karume Civil Application No Nai 92 of 1992 - (Mentioned) 13. Republic v Ministry of Interior and Coordination of National Government & another ex parte ZTE Judicial Review Case No 441 of 2013 - (Mentioned) 14. Republic v Benjamin Jomo Washiali, Majority Chief Whip, National Assembly & 4 others exparte Alfred Kiptoo Keter & 3 others [2018] eKLR - (Mentioned) 15. Republic v Zacharia Kahuthu & another (Sued as Trustees and on Behalf of and as Officials of the Kenya Evangelical Lutheran Church); Johaness Kutuk Ole Meliyio & 2 others (Interested Parties) Ex parte Benjamin Kamala & another [2020] eKLR — (Explained) 16. R vs Secretary of State For Foreign Affairs ex parte Word Development Movement Ltd — (Explained) kenyalaw.org/caselaw/cases/view/220495/ 7

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