Court Gives Go-Ahead On Huduma Namba, Bars Collection Of GPS, DNA Data

A court on Thursday okayed the implementation of the National Integrated Identity Management System (NIIMS) also known as Huduma Namba.

A three-judge bench compromising of justices Pauline Nyamweya, Mumbi Ngugi and Weldon Korir ruled in favour of the government but noted that the roll-out must be done within a proper regulatory framework.

The justices did, however, note that the collection of DNA and GPS data were not only unconstitutional but also intrusive and unnecessary.

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“Collection of DNA & GPS for purposes of identification is intrusive and unnecessary to the extent it is not authorized by anchoring legislation is unconstitutional,” ruled the court ruling.

It was also ruled that there was public participation as there were advertisements on the matter.

The case was filed by the Kenya Human Rights Commission (KHRC), the Nubian Rights Forum and the Kenya National Commission on Human Rights (KNHCR).

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They questioned the implementation of a digital platform that will digitise and centralise records of vital life events of citizens and foreigners in Kenya.

On this particular matter, the three judges said it was in the public interest to have such a system for collection of data. They did, however, note that the platform should not infringe on the rights of citizens and foreigners.

In April, the judges allowed the state to roll out the Huduma Namba registration but disallowed the government from forcing its people from registering for the service.

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The government had then threatened to withhold any services or accessing public services to those who declined to register for Huduma Namba.

Interior PS Karanja Kibicho noted that the number would curb adulteration of data.

“We have had cases of people sharing identity card numbers and in many cases, non-Kenyans who have the documents. The system will cure all these,” he said.