Nubian Rights Forum & 2 others v Attorney General & 6 others; Child Welfare Society & 9 others (Interested Parties) [2020] eKLR
(d) to support the printing and distribution for collection all national identification cards, refugee cards,
foreigner certificates, birth and death certificates, driving licenses, work permits, passport and foreign travel
documentation, student identification cards issued under the Births and Death Registration Act. Basic
Education Act, Registration of Persons Act, Refugees Act, Traffic Act and the Kenya Citizenship and
Immigration Act and all other forms of government issued identification documentation as may be specified by
gazette notice by the Cabinet Secretary;
(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;
(h) to correct errors in registration details, if so required by a person or on its own initiative,
(i) 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.
786. Some of the stated purposes of NIIMS under section 9A are the creation of a national population register, the
assigning of a unique identification number to every person registered in the register, and the verification and
authentication of information on the identity of persons. It is thus principally an identification and verification
system. These two functionalities are explained in the text on Privacy and Data Protection Issues of Biometric
Applications, by Els Kindt (2003) in paragraphs 85 to 88, wherein it is opined that the identi"cation function
recognizes an individual by comparing the submitted biometric characteristic with all previously submitted and
stored biometric characteristic in one or more databases through a search. Further, that the veri"cation is possible
with a comparison of one submitted set of characteristics with a pre-de"ned and pre-stored set of characteristics.
787. Therefore, the identification and verification functionalities will always need the existence of a database with
the biometric data stored for comparison. Such storage can be done centrally, for example in a central database, but
it is also possible to store the biometric data for comparison locally, for example on an object which the data
subject holds and which remains in his or her possession. In addition, the verification and identification
functionalities may also be combined in one system. To this extent, the biometric data collected is necessary to the
stated purposes of NIIMS as is clear that the system can only provide trustworthy information about the identity of
the person if the characteristics of that person are stored in its database.
788. These functionalities in our view also explain the utility of NIIMS and the other existing identification and
registration databases that was urged by both the Petitioners and Respondents. It is thus our finding that NIIMS is
not superfluous from an identification and verification point of view, as the biometric data collected therein is
necessary for identification, and will be used for verification purposes in relation to other existing databases.
789. As regards the other data that was collected during the NIIMS registration, additional stated purposes of
NIIMS in section 9A are that of harmonizing and collating of data information from other databases in Government
agencies relating to registration of persons and also prescribing consultation on the issuance of identification
documents. The Respondents testified that the collection of the additional data was decided and agreed upon by the
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