the Constitution cannot be waived. Reliance is also placed on the case of Revital Health (EPZ) Ltd v Public Procurement Oversight Authority & 6 others [2015] eKLR where the Court is said to have held that the rights of the data subject overrides the economic interests of the search engine operator and the general interest of internet users. The Applicants also urge that even if rights could be waived or consent bought, Worldcoin unlawfully made purchased consent with bitcoins instead of a “currency”. 13.Further averment by the applicants is that Worldcoin did not disclose distinct purposes for processing data across its platforms (Worldcoin, WorldApp, and WorldID) and that users had no realistic ability to withdraw consent, which nondisclosure was in violation of Article 43 of the General Data Protection Regulations. 14.According to the Applicants, the key entities behind Worldcoin, including Worldcoin Foundation and World Assets Ltd, are not registered as data controllers or processors in Kenya as required under section 18 of the Data Protection Act. Further, that on the part of Tools for Humanity GmbH (Germany)and Tools for Humanity Corporation (US) are only registered as data controllers and not data processors. Equally Platinum De Plus Ltd, the Kenyan agent, is faulted for also failing to register and conducting a DPIA. 15.The applicants maintain that under the Act, a “data controller” determines “the Page 7 of 84

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