The International Commission of Jurists Kenyan Section (ICJ Kenya) has lauded a landmark ruling by the High Court declaring the biometric data collection activities of WorldCoin in Kenya as unconstitutional and illegal.
In a public interest case filed by Katiba Institute and supported by ICJ Kenya as an interested party, Lady Justice Roselyne Aburili ruled that WorldCoin’s operations in the country violated Kenyans’ right to privacy, enshrined under Article 31 of the Constitution.
ICJ Kenya Chairperson Protas Saende praised the ruling, calling it a significant victory for digital rights in Kenya and beyond. “The judgment rightly underscores that even in the digital age, constitutional rights especially the right to privacy must be upheld,” Saende said in a statement.
WorldCoin, operated by Tools for Humanity, offered Kenyans cryptocurrency worth $55 in exchange for their biometric data, including iris scans. The court found that this method of inducement breached the principle of informed consent, particularly since the company failed to conduct a mandatory Data Protection Impact Assessment (DPIA) as required by Kenya’s Data Protection Act, 2019.
According to ICJ Kenya, the court concluded that WorldCoin collected and processed data unlawfully without valid consent from the Office of the Data Protection Commissioner (ODPC), contravening multiple sections of the Act, including Sections 25 through 31.
In addition to declaring WorldCoin’s actions illegal, the court issued several binding orders. These include a prohibition against further data collection by the company, the revocation of its data processing certificate, and a directive for the permanent deletion of unlawfully obtained data under ODPC supervision within seven days.
“This ruling is a powerful precedent not just for Kenya, but globally affirming that rights must remain paramount in technological innovation,” Saende noted.
The decision reinforces Kenya’s commitment to protecting personal data and upholding constitutional safeguards in an increasingly digital world. It also sends a strong message to tech firms operating in the country that they must comply with national laws and respect citizens’ rights.
