Nubian Rights Forum & 2 others v Attorney General & 6 others; Child Welfare Society & 9 others (Interested Parties) [2020] eKLR participated in and given input on all the Bills that have to do with information, communication and technology, including the Access to Information Bill (now the Access to Information Act) and the Data Protection Bill then pending before Parliament. The 3rd Petitioner’s Case 290. Kenya National Commission on Human Rights (KNCHR) is an independent human rights institution created by Article 59 of the Constitution, and established by the Kenya National Commission on Human Rights Act of 2011. Its mandate is to protect and promote human rights in Kenya, and to uphold and defend the provisions of the Bill of Rights. It filed a petition dated 18th February 2019, which is supported by the affidavit and further affidavit of Dr. Bernard Mogesa sworn on 18th February 2019 and 21st May 2019 respectively. 291. The 3rd Petitioner echoed the concerns raised by the 1st and 2nd Petitioners with respect to the process of enactment and substance of the impugned amendments. It specifically cited the lack of public participation, the use of the omnibus Bill and violation of the right to privacy. The 3rd Petitioner raised an additional ground that the impugned amendments violate the constitutional right to dignity by making the collection of DNA mandatory, contending that DNA collection is invasive and should only be taken for specified and well recognized reasons. 292. The 3rd Petitioner prays for: a) A declaration that the amendments introduced to the Registration of Persons Act through the Statute Law Miscellaneous (Amendment) Act No. 18 of 2018 are unconstitutional null and void . b) A declaration that the amendments introduced to the Registration of Persons Act through the Statue Law Miscellaneous (Amendment) Act No. 18 of 2018 are unconstitutional, null and void for being in violation of Article 10 and 118 as read with Article 259 of the Constitution. c) A declaration that the amendments introduced to the Registration of Persons Act through the Statue Law (Miscellaneous Amendment) Act No. 18 of 2018 are unconstitutional, null and void for infringing on the right to privacy and the right to public participation. d) An order prohibiting the Respondents, by themselves, their employees, agents and/or servants from installing the National Integrated Information Management System in any manner howsoever until effective policy, legal and institutional frameworks are put in place. e) An order prohibiting the Respondents, by themselves, their employees, agents and/or servants from implementing the National Integrated Information Management System in any manner howsoever, until effective policy, legal and institutional frameworks are put in place. f) A declaration that the entire legislative process introducing substantive amendments through a Miscellaneous Act was flawed and defective and is thus null and void. g) Being a public interest suit, no orders as to costs do issue. The 3rd Petitioner’s Evidence 293. In his affidavit in support of the Petition and his further affidavit, Dr. Brian Mogesa averred that the impugned amendments violate, among others, Article 31 of the Constitution on the right to privacy, and Articles 10 and 118 on the national values of governance and public participation. He averred that the amendments were enacted unprocedurally by way of an omnibus Bill which is not appropriate for such major and extensive amendments. It http://www.kenyalaw.org - Page 43/174