Commissioner in June 2022 and subsequently updated in September 2023, in compliance with section 31 of the Data Protection Act. They contend that the Applicants have not specifically pointed out any deficiencies in that assessment. 30.Regarding the technological devices used, the 1st to 4th Respondents assert that the Orb device used by the 1st and 2nd Respondents does not require type approval by the Communications Authority of Kenya and that no guidelines have been issued to require such approval. 31.The 1st to 4th Respondents further assert that participation in the Worldcoin project was voluntary and conducted with informed consent. They deny that any fiat currency was exchanged for personal data. They also clarify that the 3 rd Respondent applied for registration as a data processor sometime in July 2023 in accordance with section 18 of the Data Protection Act and Regulation 14 of the Data Protection (Registration of Data Controllers and Data Processors) Regulations, 2021, which application was pending approval by the ODPC. 32.In conclusion, the 1st to 4th Respondents urge the Court to find that the Application is not properly before this Court, having been filed in disregard of mandatory statutory processes. They argue that the issues raised have already been addressed by the Data Protection Commissioner, and are currently the subject of pending appellate proceedings. They therefore invite the Court to dismiss the judicial review Application for want of jurisdiction. Page 13 of 84

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