David, Listers,

The only challenge I foresee with this petition is jurisdiction in the first instance.

It was argued in the Huduma Number case by the Data Protection Commissioner, and upheld by the Court, that under the doctrine of exhaustion of administrative remedies, the matter ought to have been filed with the ODPC in the first instance.

Justice Ngaah found that Yash Pal Ghai, the second petitioner in that case, was a natural person and a data subject who ought to have approached the ODPC first.

Katiba Institute, being a non-natural person, had no standing before the ODPC and therefore was allowed to canvass its petition before the High Court.

Being a High Court ruling, it is likely a preliminary objection challenging the jurisdiction of the court to hear the matter could be raised, and the same sent to the ODPC first for determination.

Regards,
JG Mbugua
@jgmbugua 
Data Privacy Consultant/Tech Blogger


On Tue, Apr 5, 2022 at 9:34 AM David Indeje via KICTANet <kictanet@lists.kictanet.or.ke> wrote:
Dear Listers,
 
Attached is a petition filed in the public interest in defense of the Constitution of Kenya, challenging the Directive requiring people seeking to register as mobile phone subscribers. 

Kind Regards,

David Indeje 
_____________________________________

+254 (0) 711 385 945 |  +254 (0) 734 024 856
_______________________________________________
KICTANet mailing list
KICTANet@lists.kictanet.or.ke
https://lists.kictanet.or.ke/mailman/listinfo/kictanet
Twitter: http://twitter.com/kictanet
Facebook: https://www.facebook.com/KICTANet/

Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/jgmbugua%40gmail.com


KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.

KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.

KICTANet - The Power of Communities, is Kenya's premier ICT policy engagement platform.