• The court rules the state shall not force anyone to participate in the exercise or surrender information but declines to halt exercise.
• Exercise starts today and ends on April 16.
Image: COURTESY
President Uhuru Kenyatta has dispatched Raila Odinga and other high-profile personalities to oversee the controversial Huduma Namba launch.
The exercise starts today and ends on April 16.
Plans are going ahead after a court yesterday declined to stop the registration and ruled that the state could proceed with Huduma Namba and biometrics collection. The case will be mentioned on April 30.
However, it set strict conditions, saying no one shall be compelled to participate or surrender DNA.
No one will be forced to register in the system as a condition for receiving citizen services and facilities.
The Kenya National Commission on Human Rights, Kenya Human Rights Commission and Nubian Rights Forum had moved to court seeking the suspension of collection of data from Kenyans under NIIMS.
Critics call it an intolerable invasion of privacy and demonstration of a 'Big Brother' state.
With the go-ahead, ODM chief Raila, Tourism CS Najib Balala and CAS Rashid Aman will on Friday preside over the launch of the Sh6 billion National Integrated Identity Management System in Mombasa.
Cabinet secretaries, PSs, CASs and opposition leaders are deployed around the country to oversee the launch and monitor the process as it is piloted in 14 counties.
The system seeks to give all Kenyans a unique code, a Huduma Namba, to facilitate access to government services.
It was first piloted in Nairobi, Makueni, Uasin Gishu, Embu, Busia, Kajiado, Baringo, Marsabit, Kilifi, Kisii, Tana River, Embu, Kisumu, and Wajir counties.
It is a one-stop shop where it creates, manages, maintains and operates a national register for individuals' details. NIIMS is a national programme for the mandatory registration of all Kenyan citizens and registered foreign residents in Kenya. It was established in the 2018 Amendment of Registration of Persons Act Section 9A.
The government had said the Huduma Namba will be a useful tool for it in national planning, social services, project resource allocation and even project infrastructure.
Interior CS Fred Matiang’i and his ICT counterpart Joe Mucheru will be in Machakos today to oversee the start of the national rollout.
ANC leader Musalia Mudavadi is also expected to join Matiang’i during today’s grand launch.
Former Vice President and Wiper boss Kalonzo Musyoka will on Wednesday next week, accompanied by Cabinet secretaries Margaret Kobia (Public Service) and Peter Munya (Trade and Industry), pitch camp in Meru for a similar exercise.
The following day, Defence CS Raychelle Omamo and Devolution CAS Nelson Marwa will be in Homa Bay to ovesee implementation of the digital registration system.
On April 12, two government delegations led by Education PS Colleta Suda and Youths PS Francis Owino will be in Kisumu and Migori, respectively.
CSs without portfolio and Jubilee secretary general Raphael Tuju will lead the launch of Huduma Namba in his home county Siaya on April 15. Foreign Affairs CAS Ababu Namwamba will lead a similar exercise in Busia.
This is after the government was given the green light to proceed with the exercise but with strict conditions.
In a ruling delivered by a three-judge bench, the court declined to stop the exercise in totality as had been asked by three lobbies opposed to the exercise.
Justices Pauline Nyamweya, Mumbi Ngugi and Weldon Korir ruled that it is in the public interest to have an efficient organised system of registration of persons and the responsible use of resources.
The state has been barred from taking DNA biometrics of Kenyans and also ordered not to compel any Kenyan to undertake in the process, it should be voluntary.
“The inclusion of DNA biometrics is hereby suspended pending the hearing and determination of the case," the court held.
According to the judges, the remaining unique identifiers and attributes contained in the definition of biometrics in Sections 3 and 5 of the Registration of Persons Act shall continue to apply and be in operation.
The state shall be at liberty to proceed with collection of data pursuant to the Registration Act, pending the hearing the case. They shall, however, not compel any member to participate.
They are also barred from setting any time restrictions or deadlines with regards to any collection of personal information. The court also ordered them not to set NIIMS as a condition for getting services or public facilities.
They can also not share the information collected with any national or international organisation or an NGO.
The case will be mentioned on April 30.