ICJ Kenya Statement on WorldCoin Case Judgement on Personal Data Collection

The International Commission of Jurists - Kenyan Section (ICJ Kenya) welcomes today's landmark judgment by Hon. Lady Justice R.E. Aburili declaring the collection, processing, and transfer of biometric data (iris scans) by Tools for Humanity, which owns WorldCoin, as unlawful and unconstitutional.

This case, filed in the public interest by Katiba Institute as the lead petitioner, with ICJ Kenya as an interested party challenged the legality of WorldCoin's operations in Kenya. We argued that the Tools For Humanity and its affiliates failed to conduct a mandatory Data Protection Impact Assessment (DPIA) and obtained consent through inducement by offering cryptocurrency worth USD 55 in exchange for iris scans, thereby violating the principle of informed consent.

The Court affirmed that WorldCoin commenced data collection without valid consent from the Office of the Data Protection Commissioner (ODPC) and without conducting the required DPIA, in breach of Sections 25, 26, 29, 30, and 31 of the Data Protection Act, 2019. The judgment rightly underscores that even in the digital age, constitutional rights especially the right to privacy under Article 31 of the Constitution must be upheld.

Significantly, the Court issued orders:

Prohibiting the Respondents from collecting personal data from Kenyans.

Quashing WorldCoin's decision to collect such data without a DPIA.

Mandating permanent deletion of unlawfully collected data under the supervision of the ODPC within 7 days.

Noting the revocation of the Respondents' data processing certificate.

Acknowledging ODPC's legislative reform efforts.

We commend the ODPC for its strong, persuasive submissions which greatly informed the Court's deliberations. This ruling is a powerful precedent not just for Kenya, but globally affirming that rights must remain paramount in technological innovation.

ICJ Kenya remains committed to safeguarding human rights in the digital space and will continue advocating for policies that protect individual dignity and privacy.

Protas Saende

ICJ Kenya Chairperson

5TH MAY 2025