Does the State possess the right to deny taxpayers access to services he or she funds on basis of huduma namba?
The State is banking on amendments to the Registration of Persons Act signed into law by President Uhuru Kenyatta early this year. The amendments create the National Integrated Identity Management System to collect hereditary material – Deoxyribonucleic acid (DNA) and physical location of Kenyan homes, including satellite details on the list of requirements needed at the national people’s registry. So like the primary reference data, the State may impose the use of the Huduma number as a prerequisite for services just like they use the national identity card (ID).
However, the Constitution must reign supreme at all times and legal minds opine that the purported denial will contravene the bill of rights and freedoms that are not given but enjoyed as a matter of right. Then there are concerns about the safety of the data as some Kenyans are unwilling to submit their information before they are guaranteed on the safety of their data.
They have a legitimate expectation which must be met and without which they are entitled to enjoy every service that is available to every Kenyan with or without the Huduma number. So if the Government discriminates against those without Huduma numbers, it will be in breach of constitutional rights of its tax-paying citizens.
