Nubian Rights Forum & 2 others v Attorney General & 6 others; Child Welfare Society & 9 others (Interested Parties) [2020] eKLR (d) to support the printing and distribution for collection all national identification cards, refugee cards, foreigner certificates, birth and death certificates, driving licenses, work permits, passport and foreign travel documentation, student identification cards issued under the Births and Death Registration Act. Basic Education Act, Registration of Persons Act, Refugees Act, Traffic Act and the Kenya Citizenship and Immigration Act and all other forms of government issued identification documentation as may be specified by gazette notice by the Cabinet Secretary; (e) to prescribe, in consultation with the various relevant issuing authorities, a format of identification document to capture the various forms of information contained in the identification documents in paragraph (d) for purposes of issuance of a single document where applicable; (f) to verify and authenticate information relating to the registration and identification of persons; (g) to collate information obtained under this Act and reproduce it as may be required, from time to time; (h) to ensure the preservation, protection and security of any information or data collected, obtained, maintained or stored in the register; (h) to correct errors in registration details, if so required by a person or on its own initiative, (i) to ensure that the information is accurate, complete, up to date and not misleading; and (j) to perform such other duties which are necessary or expedient for the discharge of functions under this Act. 786. Some of the stated purposes of NIIMS under section 9A are the creation of a national population register, the assigning of a unique identification number to every person registered in the register, and the verification and authentication of information on the identity of persons. It is thus principally an identification and verification system. These two functionalities are explained in the text on Privacy and Data Protection Issues of Biometric Applications, by Els Kindt (2003) in paragraphs 85 to 88, wherein it is opined that the identi"cation function recognizes an individual by comparing the submitted biometric characteristic with all previously submitted and stored biometric characteristic in one or more databases through a search. Further, that the veri"cation is possible with a comparison of one submitted set of characteristics with a pre-de"ned and pre-stored set of characteristics. 787. Therefore, the identification and verification functionalities will always need the existence of a database with the biometric data stored for comparison. Such storage can be done centrally, for example in a central database, but it is also possible to store the biometric data for comparison locally, for example on an object which the data subject holds and which remains in his or her possession. In addition, the verification and identification functionalities may also be combined in one system. To this extent, the biometric data collected is necessary to the stated purposes of NIIMS as is clear that the system can only provide trustworthy information about the identity of the person if the characteristics of that person are stored in its database. 788. These functionalities in our view also explain the utility of NIIMS and the other existing identification and registration databases that was urged by both the Petitioners and Respondents. It is thus our finding that NIIMS is not superfluous from an identification and verification point of view, as the biometric data collected therein is necessary for identification, and will be used for verification purposes in relation to other existing databases. 789. As regards the other data that was collected during the NIIMS registration, additional stated purposes of NIIMS in section 9A are that of harmonizing and collating of data information from other databases in Government agencies relating to registration of persons and also prescribing consultation on the issuance of identification documents. The Respondents testified that the collection of the additional data was decided and agreed upon by the http://www.kenyalaw.org - Page 130/174

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