of the Data Protection (Registration of Data Controllers and Data Processors) Regulations, 2021. (d) Mandamus compelling the 1st to 5th Respondents to, within 7 days of the order, permanently erase and destroy (under the supervision of the Data Protection Commissioner) the personal biometric data collected by them from Kenya using the Orb for having been obtained unlawfully. (e) A structural interdict directing the Cabinet Secretary (in consultation with the Data Commissioner) to prescribe practice guidelines for commercial use of personal data in Kenya under section 37(3) of the Act and to file the guidelines before the court within 12 months of the court’s order. 2. The application is verified by Affidavit of Lempaa Suyianka sworn on 24th August 2023 and a Statutory Statement also dated 24th August 2023. 3. The ex parte applicants’ case, comprising the grounds, statutory statement, affidavits in support, written and oral submissions together with authorities both constitutional, statutory as well as judicial pronouncements is that in July 2023, the 1st and 2nd Respondents began collecting biometric data from the Kenyan public data subjects using the Orb device. The Applicants assert that the 1st and 2nd respondents’ actions were done without conducting a proper Data Protection Page 3 of 84

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