Nubian Rights Forum & 2 others v Attorney General & 6 others; Child Welfare Society & 9 others (Interested Parties) [2020] eKLR
(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;
(i) to correct errors in registration details, if so required by a person or on its own initiative 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.
(3) The Principal Secretary shall be responsible for the administration, coordination and management of the
system.”
4. Section 3 of the Act on interpretation was also amended to include the following new definitions:
“Insert the following new definitions in proper alphabetical sequence- "Biometric" means unique identifiers or
attributes including fingerprints, hand geometry, earlobe geometry, retina and iris patterns, voice waves and
Deoxyribonucleic Acid in digital form;
"Global Positioning System coordinates" means the unique identifier of precise geographic location on the
earth, expressed in alphanumeric character being a combination of latitude and longitude; "physical form"
means existing in a form that one can see and touch; and "Principal Secretary" means the Principal Secretary
in the ministry responsible for matters relating to registration of persons.”
5. The Nubian Rights Forum (the 1st Petitioner), the Kenya Human Rights Commission (the 2nd Petitioner), and the
Kenya National Commission on Human Rights (the 3rd Petitioner), are aggrieved with the amendments made to the
Act, which they claim were passed in violation of the Constitution and in bad faith and pose serious and immediate
threats to fundamental rights and freedoms protected under the Bill of Rights. They therefore respectively filed
Petitions in this Court, namely Nairobi High Court Petition No 56 of 2019, Nairobi High Court Petition No 58 of
2019 and Nairobi High Court Petition No 59 of 2019, which petitions were subsequently consolidated for hearing
by this Bench.
6. The position taken by the Petitioners was supported by Muslims for Human Rights, Haki Centre, Law Society of
Kenya and Inform Action which were joined to the proceedings as the 3rd, 4th, 5th and 6th Interested Parties
respectively.
7. The Respondents in the Consolidated Petitions are the Honourable Attorney General (the 1st Respondent); the
Cabinet Secretary, Ministry of Interior and Co-ordination of National Government (the 2nd Respondent); the
Permanent Secretary, Ministry of Interior and Co-ordination of National Government (the 3rd Respondent); the
Director of National Registration (the 4th Respondent); the Cabinet Secretary for Information, Communication and
Technology (the 5th Respondent); the Speaker of the National Assembly (the 6th Respondent); and the Kenya Law
Reform Commission (the 7th Respondent).
8. The Child Welfare Society of Kenya, Ajibika Society, Bunge La Mwananchi, International Policy Group and
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