A civil society group has moved to court to stop the introduction of the new digital identity system (UPI) to Kenyans.
The group named Operation Linda Jamii, led by its Chairperson Professor Fredrick Ogola, argue that the government is contravening the constitution, adding that there was no public participation.
"Unique Personal Identifiers known as Digital ID is yet to be rolled out and the Taxpayers’ money is to be used in driving the implementation of this project, " he added.
Ogola wants the court to bar the government from proceeding further with any act and/or process of rolling out the Digital IDs.
They argue that the government had already spent Sh11 billion on the Huduma Namba project which did not benefit Kenyans.
“We are seeking a permanent injunction barring the respondents from having servers of the Huduma Namba project or any other project in a foreign land as they are intending to do in Pakistan," added Ogola.
The activist wants a declaration that the rollout of Unique Personal Identifiers is unconstitutional because it interferes with the prudent utilization of public funds and resources as provided under Articles 201 and 227 of the Constitution of Kenya, 2010.
He wants the court to suspend the process of rolling out the Digital Identity Cards pending the hearing and determination of the petition.
Linda Jamii also wants the court to issue an order directing the Ministry of Interior and that of Information to avoid abandoning the Huduma Namba which cost the government a lot of taxpayers' money, instead modify the areas of the Huduma Namba that the trial Court found to be illegal.
It is their argument that these actions by the Interior and Ministry of Information violate Article 1 of the Constitution which provides for the Sovereignty of the people.
"In particular, the digital sovereignty of the Kenyan people will be grossly compromised and violated if the citizens’ data is taken to another country for roll out of Unique Personal Identifiers," they said.
Ogola says that in 2005, the government of Kenya, under the Kibaki administration, initiated the registration of persons in the country using a harmonized approach to address duplication efforts.
