Nubian Rights Forum & 2 others v Attorney General & 6 others; Child Welfare Society & 9 others (Interested Parties) [2020] eKLR
not unique, Ms. Mucheru set out the risks attendant with the manual collection and registration of birth particulars.
She pointed out that there is a risk of duplication of records, loss of physical records, delays in processing birth
records, ineffective service delivery when the need arises to share or verify the data on births with other agencies,
and the lack of linkage between the birth and death of an individual.
378. Ms. Mucheru contended that the data processing, analysis and utilization by the Civil Registration Services
can only be improved by the use of technology and deposed that the use of NIIMS will prevent cases of identity
theft where certain individuals may use the identity of a dead person for criminal purposes. It was also her
deposition that the said Report recommends that all citizens be electronically registered at birth to ensure accurate
collection and storage of data that will become the “single source of truth.” She further deposed that digitization of
this data by NIIMS will ease service delivery by the Civil Registration Services by facilitating efficiency in the
production and maintenance of the register of births and deaths. It was also her contention that the integration of
personal information with biometrics through NIIMS will enhance the integrity of the records of births and deaths
that are maintained by the Civil Registration Services.
379. With regard to children, Ms. Mucheru averred that NIIMS would facilitate enjoyment of the rights of children
because the current registration systems do not uniquely identify children and have aided in the prevalence of child
trafficking in Kenya as noted in the Trafficking in Persons Report, 2017. Further, that due to the fragmented nature
of the registration systems, there have been cases of falsification of documents resulting in illicit adoptions where
children have permanently been separated from their families. Due to the unreliable records on children and the
resultant irregular adoptions, the government had issued an indefinite moratorium in inter-country and resident
adoption and revoked licences to conduct inter-country adoptions to protect children in Kenya.
380. Ms. Mucheru enumerated the benefit of NIIMS to children. She averred that with NIIMS, the traceability of a
child’s parents prior to adoption is ensured. Further, that a reliable biometric identification will effectively ease the
process of re-uniting children with their families when compared with the present process of reunification which is
lengthy, tedious and costly as it requires publication in the newspapers or DNA testing of parents. In her view, with
a DNA database, identifying the parent will be simplified by comparing a child’s DNA to available DNA profiles.
381. It was her deposition further that the introduction of biometrics to the registration of births will enable the
Civil Registration Services to ascertain the identity of a child and curb child identity theft by linking that child’s
biometric to a specific Huduma Namba as issued through NIIMS and eventually, to their parent (s). Further, that it
will ensure children are not subject to various bureaucratic registration processes in different stages of their
development. Ms. Mucheru asserted that reliable data on children will also ensure proper planning during
emergency situations such as drought, famine or war and ensure provision of essential services to children during
the period of separation.
382. Ms. Mucheru highlighted other benefits that will accrue to children as a result of registration in NIIMS,
including, eliminating the need for verification of citizenship, enhancing public health as a result of more efficient
immunization using a child’s Huduma Namba, accessing education, enabling government to plan for the welfare of
children, identifying children in conflict with the law, and detecting and remedying child labour and sexual
exploitation. By digitizing the process therefore, the registration coverage of births and deaths will be raised by
100% by 2020 in line with the Civil Registration Service’s strategic objectives.
The 4th and 7th Respondents’ Case
383. The 4th Respondent is the Director of the National Registration Bureau, which is an office in the Ministry of
Interior & Co-ordination of National Government. It is responsible for the implementation and enforcement of the
Registration of Persons Act and, specifically, the identification, registration and issuance of identity cards to all
persons who are citizens of Kenya and who have attained the age of eighteen years. The 7th Respondent is the
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