Nubian Rights Forum & 2 others v Attorney General & 6 others; Child Welfare Society & 9 others (Interested Parties) [2020] eKLR authentication where an Assistant Chief is not sure of a person’s identity, He denied that border communities equate to tribe and clarified that everyone living at the border is part of a border community regardless of their tribe. He also denied that there has been discrimination against Nubians nor was there such government policy. 370. Dr. Kibicho pointed out that there is a website with information on NIIMS and that the administration and his ministry had given information on NIIMS, how it was to be rolled out, and its benefits. He enumerated the direct benefits of NIIMS including the savings made in collection of data and rolling out of services, the conduct of the population census and registration of voters. Further, that in the cost–benefit analysis, there are benefits of NIIMS that directly translate to money benefits while others are in the form of convenience in eternity as enumerated in his affidavit. Further, that the main costs of NIIMS was in the acquisition of the registration kits and payment of registration clerks. 371. According to Dr. Kibicho, the Data Protection Policy applies not only to NIIMS but to all data that is collected, and that the office of the Data Controller can only be appointed once the Data Protection Bill is enacted into law, and not on the strength of the policy. Dr. Kibicho testified that every institution that collects data from the public has a data administrator and laws that regulate the collection and management of the data, and the Bill is being enacted for efficiency reasons to tidy up existing laws. 372. Dr. Kibicho denied that there was a need for a Huduma Namba law before rolling out of Huduma Namba Registration. He maintained that the amendment to the Act was adequate as there were other existing laws as identified in the Executive Order on NIIMS implementation. He also clarified that under section 9A as read with section 2 of the Act, NIIMS applies to all Kenyans, including children, and that NIIMS had benefits for children in terms of planning for their health, education and other services. He further asserted that the government had submitted its report upon compliance with the recommendations made by the African Committee on the Welfare of the Child, and that the welfare of children is also a core principle in the Constitution. 373. Dr. Kibicho informed the Court that if allowed to process the data collected in NIIMS, all existing identity cards would be collapsed to one digital identity card- the third generation identity card- which will have an encrypted chip. Further, that each service provider would have a reader that only reads the information in the card that is relevant to it. 374. The second deponent on behalf of the 2nd and 3rd Respondent, Janet Mucheru deponed that she is the Director, Civil Registration Services, a department under the Ministry of Interior and Coordination of National Government. This department, is responsible for the registration of births and deaths that occur in Kenya and draws its mandate from the Births and Deaths Registration Act, Cap 149. 375. She detailed the functions of the Civil Registration Services and averred that it is mandated to register certain particulars which include the name, sex, date and place of birth, and the names, residence, occupations and nationality of the parents for any birth. As regards deaths, Ms. Mucheru listed the particulars registered as the name, age, sex, residence, occupation and nationality of the deceased, and the date, place and cause of death. She stated that the Cabinet Secretary in the Ministry has the discretionary power to prescribe any other particulars other than those set out in the Act, including biometric data. 376. It was therefore Ms. Mucheru’s deposition that in registering births, the Civil Registration Services requests for substantially the same personal information as was being captured by the data capture form for NIIMS, and which information has always been in its custody and is therefore not new. 377. While making reference to the finding in the report by the Ministry of Information and Communication Technology in partnership with UNICEF titled Strengths, Weaknesses, Opportunities and Threat Analysis of Existing Identification and Registration Systems in Kenya, December, 2017 that a birth certificate number is http://www.kenyalaw.org - Page 54/174