with Sections 25 and 44 of the Act, that processing of the data was done with minimal intrusion, using zero knowledge proof and data minimization and that users must agree to the Terms and Conditions and privacy notice to access WorldApp and World Wallet and that Orb Operators were not data processors since they don’t access the data. 56.In the written submissions dated 29th February 2023, the 6th Respondent refers to the case of Seventh Day Adventist Church (East Africa) Limited v Permanent Secretary, Ministry of Nairobi Metropolitan Development & Another [2014] eKLR, where the court is said to have referred to Sections 7 and 8 of the Fair Administrative Actions Act (FAA), which guide the judicial review process. Section 7(1)(a) of the FAA is said to allow an individual aggrieved by an administrative action to seek judicial review, and that Section 7(2) specifically provides for cases where a mandatory procedure was not followed or where the action was taken with an ulterior motive. 57.It is the 6th Respondent’s submission that at the core of the Applicants' claims is the 1st-5th Respondents’ failure to adhere to the legal framework governing the collection and processing of sensitive personal data, particularly in relation to data protection and privacy. 58.The 6th Respondent urges that the Application specifically faults the conduct of the said Respondents in what can termed as manifest prejudice to Kenyan data Page 22 of 84

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