The High Court has overturned a previous order halting the rollout of the Maisha Card, following an appeal by the government.
On Monday, Judge Lawrence Mugambi agreed with the Ministry of Interior that the conservatory orders issued on July 25, 2024, addressed issues already settled in an earlier case.
Judge Mugambi’s ruling stated, “The application dated July 23, 2024, is res judicata, considering JR Application Number 194 of 2023, which had already been determined on its merits.
The primary relief sought in JR Application Number 194 of 2023 by the Katiba Institute was to halt the implementation of the Maisha Cards.”
He further noted, “This Court cannot relitigate the same issue regarding the rollout that has already been adjudicated.”
On August 1, the Cabinet Secretary for the Ministry of Interior and Coordination requested the lifting of the conservatory order originally issued on July 25, 2024.
The review was sought on the grounds that the prior order was based on misinformation regarding the Maisha Ecosystem’s rollout.
The government argued that there was no new mass rollout, only a continuation of a process previously addressed in court.
They contended that the press statement from July 22, 2024, which led to the conservatory order, had misrepresented the status of the Maisha Ecosystem.
The rollout of the Maisha Card has encountered numerous setbacks, including at least three attempts to suspend its implementation through court actions initiated by various lobby groups.
