The government will now continue with the issuance of new-generation National Identity Cards, commonly known as Maisha Cards after the High court lifted  the orders which had stopped the plan. Justice John Chigiti lifted the orders and directed the matter be transferred to the constitutional division.

The Ministry of Interior, State department of immigration and citizen services through Morara, Apiemi & Nyangito advocates sought to have the orders lifted saying there was material non-disclosure by Katiba Institute which filed the case.

The court was told that there was another related pending case on the same subject and similar facts where the court had issued directions.

“The judicial review application herein is malevolent, a misuse of judicial procedure and designed to compel the respondents to answer to a multiplicity of suits,” court was told.

In an affidavit Immigration Principal Secretary Julius Bitok, asked the court to lift the earlier orders stopping the Maisha Number exercise saying cannot be allowed to stand.

In the case Katiba Institute sued the Interior Ministry, state department of Immigration Services arguing the state has no legal basis for implementing the Maisha Namba.

According to the lobby group, the government has proceeded without requiring a state protection impact assessment, in violation of Section 31 of the Data Protection Act and the court ruling.

“The Maisha Number is meant to replace the stalled attempt to roll out the Huduma Namba. As with the Huduma Number, the Maisha Namba requires Kenya to provide biographical information and biometric data, including date of birth, gender, facial image, parentage information and contact information