The High Court has overturned a July 25, 2024, order suspending the rollout of the Maisha Card following the government's appeal.
In his ruling on Monday, Judge Lawrence Mugambi concurred with the interior ministry that the conservatory orders mirrored concerns already 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 the ruling by Justice Mugambi in part.”
“This Court cannot relitigate the same issue of roll-out which was earlier adjudicated.”
On August 1, the Cabinet Secretary for the Ministry of Interior and Coordination argued for lifting the conservatory order initially set for July 25, 2024.
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The court had been asked to review this decision because 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.
The government contended that there was no new mass rollout but rather an ongoing process that had already been examined in previous litigation.
