Kenyan Data Verdict: Court Rules on WorldCoin
The High Court in Nairobi has issued an injunction prohibiting World Coin from processing any Kenyan data until a case lodged against it has been heard and decided.
The injunction was issued after the Katiba Institute and the Law Society of Kenya (LSK) filed a petition alleging that WorldCoin violated Kenya’s data protection laws by collecting personal information.
Friday, August 24, Justice Jairus Ngaah acknowledged the petitioners’ arguments that WorldCoin failed to provide adequate data protection.
“Leave so granted operates as a stay, prohibiting the 1st through 5th Respondents from collecting, processing, or transferring the personal biometric data collected in Kenya,” ruled Justice Ngaah.
According to Section 37(3) of the Data Protection Act and the court-filed guidelines, Kenya is compelled to provide foolproof protection for Kenyans’ personal information.
“Permission is granted for Applicants to serve the first through fourth Respondents via their Kenyan agents, email, or registered mail.
Justice Ngaah ruled, “For the reasons given in the certificate of urgency, I am satisfied that the application for leave is urgent and is so certified. I am also satisfied that the applicants are entitled to leave to file a motion for judicial review orders.”
Justice Ngaah commented on the petitioners’ requests, observing that, based on the evidence before the court, it is possible that Kenyans’ biometric information was compromised.
“From exposure by the 1st to 5th respondents, leave granted shall operate as a stay in terms of prayer 3 of the summons pending the bearing and determination of the substantive motion,” the ruling stated in part.
In addition, the court ruled that the substantive petition must be filed and served within seven days of this ruling’s date, Thursday, August 24.
It was ordered that WorldCoin, the first respondent, be served by substituted service using an advertisement in any national circulation daily newspaper.
The respondents and interested parties are required to file and serve their response within seven days of the date of service of the applicant’s motion.
“Directions regarding the disposition of the applicants’ substantive motion will be issued on September 25,” judge Ngaah ruled.
In their petition, Katiba Institute and the Law Society of Kenya asserted that WorldCoin obtained permission to operate in Kenya through misrepresentation or material non-disclosure in violation of section 19(2) of the Act and Regulations 5 and 16 of the Data Protection.
Peter Kaluma, a member of parliament for Homa Bay Town, was selected from among 15 legislators to investigate WorldCoin’s activities in Kenya.
Gabriel Tongoyo (MP for Narok West), Mburu Kahangara (MP for Lari), Caroline Ng’elechei (MP for Elgeyo Marakwet), and Sara Korere (MP for Laikipia North) were also chosen for the committee founded by Moses Wetangula, Speaker of the National Assembly.
John Kiarie (Dagoretti South), Geoffrey Wandeto (Tetu), Gideon Kimaiyo (Keiyo South), Shakeel Shabbir (Kisumu East), nominated MP Irene Mayaka, Kareke Mbiuki (Maara), Geoffrey Ruku (Mbeere North), Edwin Gichuki (Mathioya), Ruweida Obo (Lamu East), and Innocent Maino Mugabe (Likuyani) wrapped up the list.
Wetangula instructed the group to present its findings within 42 days.
Kenyan Data Verdict: Court Rules on WorldCoin