In a groundbreaking decision that underscores Kenya’s commitment to data privacy, the High Court of Kenya has declared the biometric data collection activities of Worldcoin illegal and ordered the company to permanently delete all biometric data collected from Kenyan citizens.
Worldcoin, a controversial digital identity and cryptocurrency project co-founded by OpenAI CEO Sam Altman, had been under legal scrutiny in Kenya since 2023, when it began scanning users’ irises in exchange for its native cryptocurrency, WLD. The court found that the data collection was conducted without a valid Data Protection Impact Assessment (DPIA) and that consent obtained through crypto incentives was “manipulative and invalid.”
Court’s Ruling and Orders
In its ruling, the High Court instructed Worldcoin and its local partners to delete all biometric data collected within seven days under the direct supervision of the Office of the Data Protection Commissioner (ODPC). The court also prohibited the company from resuming any biometric data collection in Kenya unless it meets the full requirements of the country’s Data Protection Act of 2019.
Justice John Mutunga, who delivered the ruling, emphasized that the right to privacy is a fundamental constitutional right and cannot be compromised by foreign entities or commercial interests. “The use of digital tokens to incentivize citizens to surrender their most sensitive data is not informed consent—it is coercion,” he said.
Legal and Civil Society Reactions
The case was brought forward by the Katiba Institute, a constitutional advocacy group, which argued that Worldcoin’s activities endangered the digital rights of Kenyan citizens. The court’s decision has been hailed by civil society groups including Amnesty International Kenya and the International Commission of Jurists (ICJ) Kenya.
“This is a huge win for data protection and privacy in Kenya,” said Irũngũ Houghton, Executive Director of Amnesty International Kenya. “Today’s ruling sends a clear message: Kenya is not a testing ground for global tech experiments that disregard human rights.”
Global Repercussions
Following the ruling, Worldcoin’s native token WLD saw a notable drop in market value, reflecting broader investor concern over the project’s legal vulnerabilities and regulatory pushbacks around the world. Kenya joins a growing list of countries expressing concern over the ethical and legal frameworks underpinning Worldcoin’s operations.
What’s Next for Worldcoin in Africa?
While Worldcoin has yet to issue an official statement in response to the ruling, analysts believe the decision could influence ongoing investigations and legal debates in other jurisdictions where the company operates. With Kenya having been one of Worldcoin’s largest early adoption markets, the ruling could significantly impact the project’s expansion plans across Africa.
As digital identity systems continue to evolve, the case marks a pivotal moment for data governance on the continent, reaffirming the importance of protecting citizens’ rights in the face of rapid technological advancement.
