• Implementation should be progressive and long-term to ensure fundamental rights and freedoms are guaranteed.
• Any limitation to fundamental rights and freedoms must be reasonable and justifiable based on human dignity, equality and freedom and taking into account all relevant factors.
A human rights organisation has called for wider consultations before the Huduma Namba bill is enacted into law.
Amnesty International said the rollout of the programme should be progressive and in the long-term, respect fundamental rights and freedoms of citizens.
“The High Court has already made a determination that registration for the Huduma Namba should not be used as a prerequisite for access to any government service,” the organisation said.
Amnesty said the Constitution requires that any limitation to fundamental rights and freedoms must be reasonable and take into account all relevant factors.
“By law, any limitation to fundamental rights including privacy must be clear and concise, necessary and proportionate and pursue a legitimate aim such as public order or national security,” it added.
In a memorandum to the government, Amnesty said several matters should be considered before the proposed law by Interior Cabinet Secretary Fred Matiang’i is enacted.
The government has called for the views of the public during a public participation forum at the Kenya School of Government.
Kenyans have 14 days to give their input.
Thereafter, the bill will head to the National Assembly for debate and then to the President for assent.
On Wednesday, Amnesty International said the government should ensure that the bill only comes into force after a strong data protection law is put in place because of the sensitivity of the information being collected.
“Kenya needs a strong data protection framework and safeguards to bring much needed legal recourse to data breaches and discourage poor handling of data and unlawful access and distribution of personal data,” it said.
The proposed law spells out grave consequences for those who failed to register.
If enacted, those without the number will miss out on key government services.
Citizens will need a Huduma Namba to be issued with a passport, apply for a driving licence, register a mobile phone number and register as a voter.
Other services include transacting in the financial markets, opening a bank account, registering a company or a public benefit organisation and transfer or make any land dealings.
The number will also be required when registering for electricity connection, seeking universal health care services, accessing social protection services, registering or transferring a motor vehicle among other essential government services.
Amnesty International further says steps should be taken to end the discrimination meted against members of marginalised groups and ethnic minorities.
It also called for the review the punitive penalties saying they should be proportional to the gravity of the offence and the degree of responsibility of the offender.
A general penalty for any offence under the Bill is a custodial sentence of six months or a fine of Sh500,000.
The penalty of transacting without Huduma Number is a one-year sentence or Sh1 million fine while failure to register a birth is 1 year or Sh1 million fine.
Tampering with the card attracts a sentence of three years or Sh3 million fine.
“The penalties under the Bill are grossly unrealistic, unnecessary, unreasonable and disproportionate in terms of Article 24 of the Constitution,” the organisation said.
(edited by O. Owino)