Nubian Rights Forum & 2 others v Attorney General & 6 others; Child Welfare Society & 9 others (Interested Parties) [2020] eKLR
further aggrieved that public services connected to these identification documents will only be offered to those who
surrender their personal biometric information and are issued with the Huduma Namba. This contention requires
that we address ourselves to the question whether obtaining the Huduma Namba is mandatory, a condition
precedent to obtaining government services, and therefore likely to result in exclusion and violation of the right to
non-discrimination.
1005. The parties to this matter have not addressed themselves to this issue in their submissions. However, it
emerges as a core grievance of the Petitioners in the affidavit evidence of Ms. Munyua and Mr. Kegoro, and the
oral testimony of Mr. Hussein. Ms. Munyua averred that the NIIMS process should not be used for exclusion.
While noting that possessing an identity is increasingly a precondition to accessing basic services, and since vital
government services will require a Huduma Namba, she averred that there was the potential for excluding from the
system those who may not have registered for various reasons.
1006. The position taken by the Petitioners is that care should be taken not to exclude anyone from the
identification system because of their physical, social, demographic, or economic characteristics. Ms. Munyua
noted in particular the potential to exclude marginalized communities since officials will be using existing
documents to verify who is a citizen, thus locking out people who do not have these identification documents such
as the Makonde, the Shona and pastoral communities.
1007. George Kegoro makes similar averments with regard to the potential for NIIMS to result in exclusion and
consequent denial of government services if such services are pegged on registration in NIIMS and possession of
the Huduma Namba, a result that would be inconsistent with Article 12(2) which relates to citizenship rights, and
Article 24 of the Constitution.
1008. The Respondents counter that registration under NIIMS is meant to be an ongoing exercise. Dr. Kibicho
averred that it will not be discontinued at the lapse of 45 days of mass registration. Their contention is that there is
no danger of exclusion as deserving persons who do not currently have the requisite identification documents can
obtain them within the parameters set by the law and thereafter register for the Huduma Namba.
1009. On his part, Jerome Ochieng sees advantages in the NIIMS system over the current registration system. He
avers that the current registration system has some shortcomings, including access to documents or access to the
registration system. He illustrates this by noting that under the current system, applicants for national identity cards
are required to produce their birth certificates and their parents’ national identity cards, among others. In the
Respondents’ view, with registration in NIIMS, all this information shall be captured and there will thus be no
need for such documentation. The argument from the Respondents thus posits that NIIMS will reduce the
duplication of processes common in accessing government services as it will serve as a one-stop shop for
identification information, thus rendering access to government more efficient.
1010. We have two scenarios presented to us by the parties with respect to the consequences of the implementation
of NIIMS. The first is the gloomy scenario that the Petitioners fear will lead to the exclusion of significant portions
of the population from accessing government services on account of a failure to register under NIIMS. Such a
failure may result from a choice, an election, not to surrender vital personal data to the system, or from the inability
to register due to the lack of personal identification documents as may happen, according to the Petitioners, with
respect to marginalised communities.
1011. Then there is the optimistic scenario painted by the Respondents in which access to government services will
be easy and efficient as all the personal data will be available within the NIIMS system and accessible at the click
of a mouse. A consideration of the issue of exclusion requires that we try to find a balance and arrive at an
approximation of where the truth between these two divergent scenarios lies, and to arrive at a determination that
will advance the rights of citizens and all others resident within the borders of Kenya who require government
http://www.kenyalaw.org - Page 167/174
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos