Nubian Rights Forum & 2 others v Attorney General & 6 others; Child Welfare Society & 9 others (Interested Parties) [2020] eKLR soundness of the design and open it to scrutiny. 71. In response to questions put to him by the Court, Mr. Anand stated that centralised databases usually hold a lot of information and the risk of such a system is twofold. First, the impact of a breach will be massive, and secondly, the risk of a breach is higher when there is a linkage between the central and functional databases. He explained that where there is no linkage between the functional and the central databases, the impact of a breach is reduced. He emphasised that this is why data minimisation is important and stated that only the data required for identification should be kept in the central database. He conceded, however, that the risks can be mitigated through the law, design architecture and technology. 72. Mr. Anand also expressed the view that the system architecture should not allow mass surveillance but may allow targeted surveillance, which should occur under judicial supervision or oversight processes. He accepted that there is no system that is immune to fraud but the impact can be minimised. 73. Mr. Ahmed Khalil Kafe testified as PW3. The evidence gleaned from his affidavit sworn on 12th April, 2019, is that he is a Kenyan citizen of Nubian descent born on 18th March 1946. He served as a police officer under the Kenya Police Force from 1965 to 1972, and that in 1968 he specifically served in the Presidential Escort. After retiring from the Police Service in 1972, he engaged in small-scale business in order to earn a livelihood. At around that time, he lost his identification documents namely an identification card, a driving licence and police card through a theft that occurred in his home. As required, he obtained a police abstract, but because of the size and the quality of the abstract issued at that time, it became worn out and eventually all the writings disappeared. 74. Mr. Kafe’s testimony was that he made an application for the replacement of his national identification card on 19th November 2018. When he reached the fingerprint verification stage during the replacement process, he was informed that his fingerprints were not available in the records at the National Registration Bureau. He was then asked by the officials at the Office of the Registrar of Persons to swear an affidavit for the lost documents to facilitate the replacement of the national identification card. However, despite swearing two affidavits and following up on the matter, he had not obtained a national identity card. He deposed that it has been four years since he lost his documents and all his efforts to have replacements were constantly rendered futile. He stated that due to illness he had stopped following up on the documents and was thus unable to procure simple services like registration of a phone number, opening an M-pesa account, registration of a small business, or even to travel. 75. It was Mr. Kafe’s closing statement that on 10th April, 2019 at the Makina Mosque in Kibera, he applied for the Huduma Namba but his efforts were rendered unfruitful by the officials who sent him away without attending to him. 76. When cross-examined by Mr. Nyamodi, Mr. Kafe told the court that his complaint was in regard to the difficulty of obtaining a national identity card. He confirmed that his national identity card got lost long ago, after he left the police force in 1972, and that he applied for the replacement of his identity card on 19th November, 2018. 77. On re-examination by Mr. Bashir, Mr. Kafe stated that he applied for his first identity card in 1961 or 1962, before independence. He confirmed that he had a waiting card with his photograph which was issued to him on 5th September 2019. His testimony was that his problem in this case is that without an identity card, he cannot get a Huduma Namba. 78. Mr. Shafi Ali Hussein, who identified himself as the Chairman of the Nubian Rights Forum, testified for the 1st Petitioner as PW4. His evidence as it emerged from his affidavits was that the NIIMS database would be linked with other official registries to form a single, government-mandated identity system. Further, that this system will be linked to the delivery of an undefined sphere of government services, including access to identification http://www.kenyalaw.org - Page 13/174