Nubian Rights Forum & 2 others v Attorney General & 6 others; Child Welfare Society & 9 others (Interested Parties) [2020] eKLR are established pursuant to the provisions of section 8 of the Act that give the 4th Respondent and its Director the power to demand proof of information and to establish identification committees or appoint persons as identification agents to assist in the authentication of information furnished by applicants and their parents or guardians. He explained that vetting committees are set up in respect of members of communities situate and present in Kenya, and also situate and present in other neighboring countries, because such border communities share physical features, culture and language with other communities outside the territory of Kenya. 397. While confirming that the vetting committees comprise various government officials, security agents and elders representing all communities in that locality, it was his averment that the vetting committees ensure inclusion of all communities, including Nubians. Mr. Kimotho averred that the guidelines on vetting set out the procedures and parameters to be considered to ensure that there is no discrimination. He was of the view that the principle of equality and non-discrimination permits the different treatment of people similarly placed if such treatment is meant to achieve a rational and legitimate purpose. Further, that the purpose of vetting is to ensure that only those with a legitimate claim to Kenyan citizenship are registered by the 4th Respondent, and the justification for the vetting of border communities is to address the influx into the country of the communities’ counterparts from the neighbouring countries. 398. The 7th Respondent on its part stated in its Grounds of Opposition that the consolidated petitions were filed inordinately late since the impugned amendments were enacted in November, 2018. Its view was that if the orders sought are granted, they would occasion irredeemable and irreparable loss and damage to the State and to the citizens of Kenya who are in the process of implementing various provisions of the laws amended pursuant to the Statute Laws (Miscellaneous Amendment) Act No. 18 of 2018. Further, that the orders sought in the Petitions are contrary to public interest and the constitutional values of the doctrine of separation of powers as the legislative function is vested exclusively in Parliament and the Petitions request the court to substitute its views for those of Parliament. Lastly, that there is a general presumption of law that statutes enacted by Parliament are constitutional and the burden falls on the person who alleges otherwise to rebut this presumption, which burden has not been discharged. The 5th Respondent’s Case 399. The 5th Respondent is the Cabinet Secretary in the Ministry of Information, Communications and Technology (ICT), a public office established under the Constitution in the Executive arm of government. He is responsible for formulating, administering, managing and developing the government’s information, broadcasting and communication policy, and is also the custodian of digital data collected and stored on behalf of the government. 400. The 5th Respondent filed a Replying Affidavit sworn on 26th February, 2019 by Jerome Ochieng, one of the two Principal Secretaries in the Ministry of ICT, who heads the State Department of ICT, Mr. Ochieng also swore several further affidavits on 26th April 2019 in response to affidavits and witness statements filed by the Petitioners and the 4th and 6th Interested Parties. The 5th Respondent also relied on the opinions of various experts, namely Brian Gichana Omwenga, Muchemi Wambugu Edward and Mr. Loyford Muriithi, who all filed affidavits sworn on 14th May, 2019. 401. Mr. Jerome Ochieng gave a detailed background on the developments of the ICT sector in Kenya, including the initiatives at harmonisation of the population register, digitisation of data, and the development of policies and legislative frameworks. Some of the milestones he identified were the enactment of the Kenya Information and Communications Act in 1998 which has been variously amended thereafter, and the formation of an InterMinisterial Task Force on the creation of the Integration of Population Register System in September 2005. 402. Specifically with respect to NIIMS, Mr. Ochieng stated that in December, 2017, his Ministry, in partnership with the United Nations International Children’s Emergency Fund (UNICEF) conducted a study on the Strengths, http://www.kenyalaw.org - Page 58/174