Nubian Rights Forum & 2 others v Attorney General & 6 others; Child Welfare Society & 9 others (Interested Parties) [2020] eKLR information intelligible and that only a limited number of persons would be able to interpret the data in question.” 781. We find that the limitations observed by the Court in the said case on the use of DNA equally apply, if not with more potency, to the Kenyan situation, given the concession by the Respondents of their inability to process DNA information for the entire population. Lastly, we also find that the necessity of GPS monitors in identification is even less evident, given the risk they pose to the right to privacy as we found earlier on in this judgment, and the Respondent’s concession of its inability to collect this information. 782. It is also our view that the evidence by the Petitioners as regards the shortcomings of some of the biometric data in these respects is one that is material to the identification system designs to ensure that usability, reliability and effectiveness. As explained by the different experts who testified before us, the uniqueness of the characteristics captured by the NIIMS identification system will determine the effectiveness of biometric systems. The choice of one or more particular characteristics for a system will further be influenced by the acceptance of its use by the individuals, and may also influence the architecture of a biometric system. It however does not obviate the need or necessity for biometric data in identification. Therefore, for example, even though a biometric characteristic may be considered universal, for example a "ngerprint, it does not mean that all persons will have the required biometric characteristic. Persons may have lost a biometrically relevant characteristic through accident, sickness or peculiar circumstances. In such cases, more than one biometric characteristic of the same data subject are combined to improve performance. 783. We therefore are persuaded by the evidence of the experts called by the Respondents that the combination of two characteristics, for example more than two "ngerprints, or the use of more than one type of characteristics, such as face and voice, generally improves the performance of the system. We also found the evidence by the Respondents on the multi-modal nature of NIIMS relevant, to the extent that the system entails the collection of different types of biometric data to improve its deterministic nature. To this extent, we also find that the Respondents did demonstrate why the provision for, and collection of different types of biometric characteristics was necessary. 784. Accordingly, in light of our analysis in the preceding paragraphs of this judgment, our findings are that other than the DNA and GPS coordinates, information to be collected pursuant to the impugned amendments to the Registration of Persons Act is necessary and is therefore not unconstitutional. However, with regard to collection of DNA and GPS co-ordinates for purposes of identification, it is our finding that it is intrusive and unnecessary. To the extent, therefore, that it is not authorised and specifically anchored in empowering legislation, it is unconstitutional and a violation of Article 31 of the Constitution. 785. On the last aspect raised as regards the purpose of the data collected in NIIMS, the Respondent testified that the purpose of collection of the biometric data was to create a digital database which they termed “a single source of truth” as regards the identity of persons in Kenya in the form of NIIMS. Reference was made to section 9A of the Registration of Persons Act on the establishment of and purposes of NIIMS. The said section provides for the functions of NIIMS as follows: (a) to create, manage, maintain and operate a national population register as a single source of personal information of all Kenyan citizens and registered foreigners resident in Kenya; (b) to assign a unique national identification number to every person registered in the register; (c) to harmonise, incorporate and collate into the register, information from other databases in Government agencies relating to registration of persons; http://www.kenyalaw.org - Page 129/174