Another supra where the Court is said to have found that the State had illegally omitted a Data Protection Impact Assessment before processing personal data and rolling out the Huduma Cards. 10.According to the Applicants, the Consents allegedly obtained by Worldcoin from the data subjects were not valid as they did not conform to section 2 of the Data Protection Act and Regulations 4(3) and 4(4), for reasons that the said consents were induced by offering the data subjects cryptocurrency (Worldcoin) worth approximately Kshs 7,000/= or USD 50. This, according to the Applicants, was in violation of the requirement that consent must be informed, specific, and freely given. 11.The applicants further asserted that, first, the consent was neither freely nor voluntarily given and that the data subjects could not refuse or withdraw their consent without detriment (losing out on the Worldcoin). Second, that Worldcoin merged several purposes for collecting and processing personal data without seeking specific consent for each purpose: Worldcoin, WorldID, and WorldApp. Third, that because of the concealment and failure to register Worldcoin Foundation and World Assets Ltd, either as data processors or data controllers in Kenya, the data subject’s consent was ambiguous. 12.The Applicants urge that as was held in Basheshar Nath v Commissioner of Income Tax Delhi [1959] Supp. 1 S.C.R. 528, fundamental rights conferred by Page 6 of 84

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