Kenya High Court rules new controversial ID system must be accompanied by effective legislation News
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Kenya High Court rules new controversial ID system must be accompanied by effective legislation

The Kenya High Court ruled Thursday that a recent bill involving a biometric identification system for citizens can only be enforced under a “proper legislation framework.” The court cited the right to privacy and struck down parts of the bill.

The court suspended the DNA collection and GPS information requirements of the bill. The judges stated that “it is in the public interest to have such a system for collection of data but the platform should not infringe on the rights of citizens and foreigners in the country.” The judges further stated that other identifiers in the bill should stay in place.

The Kenya Human Rights Commission (KHRC), the Nubian Rights Forum and the Kenya National Commission on Human Rights (KNHCR) challenged the bill and sued the Attorney General, among other government entities. In April of last year, the judges issued a preliminary decision that allowed the government to go ahead with the new identity system but with “tough conditions.”

Under the bill, the National Integrated Identity Management System (NIIMS) would require citizens to get a  Huduma Namba (a unique identification number) along with a Huduma card (multipurpose identity digital card). Every citizen must have a Huduma Namba in order to be issued a passport, have a cell phone number, vote, access health services, open a bank account and access other basic rights.

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