7. The applicants rely on the decision in Republic v Joe Mucheru & Others; Katiba Institute & Another (Ex parte) [2021] KEHC 122 (KLR), wherein it was held that non-data subjects cannot utilize the internal remedy process under the Data protection Act. 8. The Applicants aver that Worldcoin's actions amount to illegality in administrative action under Article 47(1) of the Constitution and sections 4 and 7 of the Fair Administrative Action Act (FAA), which require that administrative actions be lawful, reasonable and procedurally fair. Reliance is placed on the case of in Pastoli v Kabale District Local Government (2008) EA 300. It is urged that investigations by the Office of Data Protection Commissioner and the National Assembly have subsequently determined that Worldcoin breached Kenyan law. 9. The Applicants also urge that Worldcoin failed to obtain mandatory type approval for its biometric device, the Orb, contrary to Regulation 3(1) of the Kenya Information and Communications (Importation, Type Approval and Distribution of Communications Equipment) Regulations, 2010. Further, that Worldcoin did not carry out a Data Protection Impact Assessment (DPIA), which failure was in violation of section 31 of the Data Protection Act and Regulation 49 of the Data Protection (General) Regulations, 2021. They cited the decision in Republic v Joe Mucheru & Others; Katiba Institute & Page 5 of 84

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