As the government plans to fully implement the Huduma Namba programme, a lobby group that took the matter to court has stepped up its bid to have the initiative halted a second time.
The Nubian Rights Forum wants to have the programme stopped over claims that the government intends to proceed without complying with court directions.
The High Court recently ordered the government to put in place the necessary legislative framework before implementing the project. It also ruled that collection of DNA and GPS data is intrusive and unconstitutional.
The Forum argues that there’s a risk of the rights of Kenyans and foreigners in the country being violated should the government go ahead without setting up the legislative framework.
It has faulted the judges for failing to declare the design of the National Integrated Identity System (Niims) flawed.
According to the lobby, as per the current design, Niims is interlinked with other functional databases and would, therefore, compromise the rights of Kenyans and foreigners to privacy as well as equality.
In its filed documents, the lobby wants the State barred from compelling anyone to participate in the collection of personal information for Niims, or sharing of the data with any non-governmental agency.
“This appeal will be rendered nugatory if this matter is not certified urgent and duly brought to the attention of the duty judge of the Appellate Court as the Interior Cabinet Secretary would imprudently implement Niims based on its current design without passing the necessary legislative framework as ordered by the High Court,” said their lawyer Yussuf Bashir.
According to the lobby, the government intends to roll out Niims as a mandatory scheme which would be contrary to the High Court decision which had earlier allowed the State to implement it without making it compulsory for people to register.
Following the High Court decision on January 30, the government indicated that it intended to roll out the second phase of the project and that Niims would be a database meant to serve as a reference point for ease of delivery of service to Kenyans.
The government has also indicated that Niims is interlinked with other databases including digital registry for licensed firearms holders, the National Transport and Safety Authority, information sharing among security agencies as well as the population register.
Niims is a digital platform that seeks to digitise and centralise records of vital life events of citizens and foreigners in Kenya.
The government insists that Niims will aid in adopting technology in line with current global trends.
