The High Court has overturned an order halting the roll out of Maisha Card following an appeal by government.
In a ruling, Judge Lawrence Mugambi concurred with the interior ministry that the conservatory orders issued on July 25, 2024 mirrored concerns that had already been determined in a previous case.
“The application dated 23rd July 2024 is res judicata in view of JR Application Number 194 of 2023 that had been previously determined on merits. The main order that was sought in JR Application Number 194 of 2023 by Katiba Institute was to stop the implementation of the roll-out of Maisha Cards,” read part of the ruling by Justice Mugambi.
On August 1, the Cabinet Secretary for the Ministry of Interior and Coordination argued for the lifting of the conservatory order initially set on July 25, 2024.
The court had been asked to review this decision on the grounds that the earlier order was based on misinformation about the Maisha Ecosystem’s rollout.
The core of the argument was that the July 22, 2024 press statement, which led to the conservatory order, misrepresented the Maisha Ecosystem’s status.
However, the government contended that there was no new mass rollout but rather an ongoing process that had already been examined in previous litigation.
Consequently, the roll out of the Maisha Number has faced setbacks with at least three attempts t to suspend its implementation following court processes by lobby groups.
