[kictanet] SIM CARD REGISTRATION & DATA PROTECTION ACT, 2019

[James Mbugua]

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 <jgmbugua at gmail.com>
Data Privacy Consultant/Tech Blogger


On Tue, Apr 5, 2022 at 9:34 AM David Indeje via KICTANet <
kictanet at 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
> <https://www.linkedin.com/in/david-indeje/>
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