Push to register students for national IDs raises legal and logistical questions

A proposal to issue national IDs to secondary school students has sparked legal and policy concerns, raising questions over data protection, feasibility and potential disruption to learning.

The proposal has drawn criticism from the Law Society of Kenya and Immigration and Citizen Services, both of which argue it is legally problematic in its current form.

At the centre of the concerns is the handling of minors’ data.

Gilbert Kitiyo, secretary of the National Registration Bureau (NRB), warned that collecting biometric and personal data from underage students may not align with existing legal frameworks.

The current system relies on live capture units that process and transmit data in real time, making it difficult to accommodate minors under the law.

“Since the department is now using live capture units which process and transmit data to the production centre in real time, it is not viable to collect information of underage persons,” Kitiyo said.

The concerns are rooted in the Data Protection Act, which imposes strict conditions on the collection and processing of personal data, particularly for vulnerable groups such as minors.

Stakeholders warn that proceeding without clear safeguards could expose the government to legal challenges and potentially render the process unlawful.

Beyond legal risks, the proposal also raises operational questions.

The NRB has cautioned that implementing a nationwide registration exercise within schools would require adjustments to the academic calendar, diverting time and resources away from learning.

Currently, the school calendar does not provide for such an exercise. Kitiyo said that any legislative change would need to be matched by amendments to education laws to formally allocate time for registration.

“The legal amendment should cause a consequential amendment to the education act to provide specific timelines within the school calendar to allow for the registration exercise.”

In his presentation to the National Assembly’s Committee on Administration and Internal Security, Kitiyo defended the current system, where registration of eligible students is conducted through arrangements with school administrations rather than as a fixed national programme.

The LSK echoed these concerns, warning that obtaining personal data from minors would require explicit parental or guardian consent—an obligation that may be difficult to fulfil consistently within a school-based framework.

“The [Registration of Persons (Amendment) Bill, 2025] is silent on data protection and we proposed an insertion of a clause to secure mining of minors’ data,” Ruth Nyaberi, representing the LSK, said.

Despite the pushback, Suba South MP Caroli Omondi, the Bill’s sponsor, maintains that early registration would streamline identification processes and ease access to services as students transition into adulthood.

“IDs are not only identification documents, but key documents in job recruitment and accessing various government services, and that is why we should have them issued to all eligible youths in schools,” he said.

He argues that the proposal would also advance constitutional principles of fairness and equity by ensuring all eligible youths are registered without discrimination.

According to the legislator, about three million school-going youths become eligible for IDs each year.

Caroli further points to international examples, citing countries such as South Africa, India and Rwanda, where similar systems are in place.

However, the proposal illustrates a broader policy tension: the drive to expand access to identification services versus the need to uphold legal safeguards and protect minors.

While early registration could improve efficiency and inclusion, gaps in the current Bill—particularly around data protection and implementation—raise questions about readiness.

Committee vice-chairperson Rasso Dido, who chaired the session, said lawmakers will review stakeholder submissions before making a determination.

“The committee is going to retreat to consider your submissions. We are going to assess whether the proposed law is necessary,” he said.

The proposed law seeks to amend Section 6 of the Registration of Persons Act to formalise the annual registration of eligible secondary school students, with the principal registrar mandated to conduct the exercise by the end of August each year.

It further proposes that data collection be completed between September and December, after which IDs would be issued free of charge and delivered to schools or designated collection points.

While the proposal aims to streamline identification and expand access, its fate will likely depend on whether lawmakers can reconcile efficiency with legality—ensuring that any system introduced is both practical and compliant with Kenya’s data protection regime.