Nubian Rights Forum & 2 others v Attorney General & 6 others; Child Welfare Society & 9 others (Interested Parties) [2020] eKLR decisions which we shall consider later in this judgment. 503. With regard to the challenge to the impugned amendments on the basis that they were not considered by the Senate, Mr. Sialai averred that the Statute Law (Miscellaneous Amendments) Bill (National Assembly Bill No. 12 of 2018), was not a Bill concerning counties. He cited the case of National Assembly of Kenya & Another vs Institute for Social Accountability & 6 Others (2017) eKLR in which the Court of Appeal held that in order for a Bill to qualify as a Bill ‘concerning county government’, the Bill must be one that affects the functions and powers of the county governments set out in the Fourth Schedule of the Constitution. In the circumstances, the procedure for the enactment of the impugned amendments was in line with the Constitution and the National Assembly Standing Orders. It was his position that for these reasons, this Court lacks grounds to invoke its jurisdiction under Article 165 of the Constitution to invalidate the legislation, and he urged the Court to dismiss the Petitions. THE CASES OF THE INTERESTED PARTIES OPPOSING THE PETITION 504. In opposition to the Petition, the 1st Interested Party, Child Welfare Society of Kenya (CWSK), filed an affidavit sworn by its Chief Executive Officer, Irene Mureithi, on 27th March 2019. She described CWSK as a semiautonomous government agency for the care, protection, welfare and adoption of children pursuant to Legal Notice No. 58 of 23rd May 2014. 505. Ms. Mureithi averred that she is aware that NIIMS as anchored in the impugned amendments integrates personal information with biometric and GPS data that shall, inter alia, enable the government identify precise geographical location of every citizen and resident of Kenya. She averred that whenever children are rescued by the government and placed in the custody of CWSK, its first task is to establish the identity of such children immediately. It is her position that NIIMS shall enable CWSK, which is duly established by the government as a national emergency response and rescue organization for children, to identify lost and abandoned children as well as their families and unite them within the shortest time possible. 506. Ms. Mureithi deposed that NIIMS will assist the State in its constitutional mandate to protect children, its most vulnerable group, as required by the Constitution. In her view, the impugned amendments align the Act with the Constitution. She stated that CWSK, which is obligated by Legal Notice No. 58 of 2014 to strengthen families and provide families for separated children, children at risk of separation and children without appropriate care by facilitating local and international family tracing and reunification, will be aided by NIIMS in tracing thousands of separated children’s families and confirming parentage in a manner that is faster, easier, cost-effective and friendly to a child and family. 507. Ms. Mureithi also asserted that pursuant to Article 53 of the Constitution, every child has a right to a name and nationality from birth; parental care and protection, which includes equal responsibility of the mother and father to provide for the child; and protection from abuse, neglect, harmful cultural practices, all forms of violence, inhuman treatment and punishments and hazardous and exploitative labour. She contended that any limitations imposed by the impugned law meets constitutional muster and are justified in an open and democratic society. 508. Her averment was that NIIMS shall facilitate with ease the tracing of families for separated children with special needs, which is often a challenge and deal with illicit adoption practices such as circumventing the process and forgery of documents which lead to child trafficking and permanent separation of children from their biological families. She further contended that the Huduma Namba will capture children’s identity thereby curbing incidents where children are labeled as orphaned and abandoned when their biological parents are alive; curb change of children’s identities and falsification of documents to change a child’s name thereby preventing loss of identity; and assist in administration of social protection programmes for the most vulnerable group in society. http://www.kenyalaw.org - Page 75/174