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 nullied 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