Nubian Rights Forum & 2 others v Attorney General & 6 others; Child Welfare Society & 9 others (Interested Parties) [2020] eKLR
system, accuracy of NIIMS and misuse of data. He could not, however, confidently explain what NIIMS was since
he was only involved in giving advice at the initial stage. His evidence was that it was the client, the Ministry of
ICT, that was involved with designing NIIMS.
453. With respect to biometric registers, it was his evidence that he was only aware that the existing databases were
only collecting fingerprints. He stated that he did not know the legal framework on NIIMS but he knew that some
law brought it into existence. It was his testimony that the security, privacy and misuse concerns on NIIMS could
be addressed if the recommendations he had already given to the government were used. His recommendation
entailed the use of a unique identifier on government enterprise architecture, security architecture and predefined
security policies.
454. It was also his view that security systems should be predefined in some policy document, noting that some of
the personal information to be collected by NIIMS is sensitive. He observed, however that not all information may
require the same level of security and protection. It was his deposition that the implementation plans need to be
kept secure to make the system secure, and the security process should be predefined so that data is not misused
and someone who is not authorized does not access the data.
455. With regard to the issue of encryption of data, his evidence was that he did not know the encryption standard
the government employed for the data collected in NIIMS. He further stated that if the government were to
predefine its encryption standard for data it collects in NIIMS, it would address the Petitioners’ concerns.
456. On re-examination by Dr. Nyaundi, and Mr. Njoroge Regeru, Mr. Omwenga emphasized that his role was
advisory and that his report was not a NIIMS report, but made recommendations to be taken into consideration in
the design of NIIMS. He reiterated his evidence on centralized and decentralised identity systems, and that
centralized systems offer more protection to data. Further, that NIIMS is both an identity and identification system
as the accuracy of its data on identity is what will aid in identification. Mr. Omwenga stated that NIIMS will have
various identity attributes in a multi-modal way, and will be more deterministic than probabilistic. In conclusion, he
stated that there is competence in our local professionals to design a system such as NIIMS, and denied that it is an
archaic system.
457. The 5th Respondent’s second expert witness, Muchemi Wambugu set out in his affidavit extensive details of
his qualifications and experience. Of importance for present purposes is that he is a Management Consultant and
founder of Sirius Consult which focuses on technology-led organizational transformations. Until 2016,he was a
Partner in Technology Consulting Practice and the Advisory Leader for County Initiatives at Price Waterhouse
Coopers, Kenya. He had also worked at Deloitte Consulting Ltd in Kenya and IBM Global Services in California,
USA. He is therefore an accomplished ICT Management professional with more than 20 years of experience in
advising both public and private organizations on business-centric ICT solutions, has extensive experience in
global technology implementations, ICT transformation, strategy, operations, governance and programme and
change management.
458. Mr. Muchemi averred that he undertook research and authored a report titled the Strengths, Weaknesses,
Opportunities and Threats Analysis of the Existing Identification and Registration Systems in Kenya, 2017
and had discovered several weaknesses regarding Kenya’s identity systems. These were a lack of data
harmonization; use of birth certificates numbers that do not uniquely identify individuals; duplication of data
collection by government agencies; fragmented and uncoordinated registration and vital systems; untrusted
relationship between the birth registration and the ID registration process; gathering of data in disparate and
disjointed silos; systemic data corruption, data integrity and data quality issues. He had recommended in the said
Report, among other things, addressing the gap in the data sharing protocols between government agencies,
executing the government systems enterprise to allow for data access, security and governance in dealing with vital
national data and the use of block chain to enhance data security.
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