A three-judge bench comprising Justices Weldon Korir, Pauline Nyamweya and Mumbi Ngugi Monday has barred the State from collecting citizen’s DNA, forceful listing and locking out the unregistered from government services.
The new system will ensure that all identification documents associated with the government such as IDs, driving licenses, passports, KRA PIN, birth and death certificates are issued from a central source.
However, the judges also said that even though it is in the public interest to have such a system for collection of data, it is however safe to have a platform that does not infringe on the rights of anyone.
The conditions include stopping the collection of DNA and GPS information, which have been the core issue of contention in the row over the start of NIIMS. The government was also ordered not to compel anyone to submit to collection of the data, bar any person from accessing services or facilities because of not submitting their information or put any restrictions on any person.
The government was further barred from sharing or disseminating the data collected with any international organisations.
“The respondents are at liberty to proceed with collection of data. However, they shall not go against these conditions,” the judges said.
ALL SET FOR THE PRESIDENTIAL LAUNCH OF THE HUDUMA NUMBER IN MACHAKOS COUNTY
We are delighted to be hosting H.E. the President Uhuru Kenyatta in Masii tomorrow, for the launch of the Huduma Number (NIIMS). pic.twitter.com/pKFZAW0SgY— Dr. Alfred Mutua (@DrAlfredMutua) April 1, 2019
Notice of the listing was preceded by a change in law that allowed the State to collect data on Kenyans’ DNA and physical location of their homes, including satellite details during registration of persons.
Adults applying for documents such as IDs will be required to provide additional information about their location, including land reference number, plot number or house number, says the new law.
The government is also seeking to introduce Global Positioning System (GPS) coordinates in the registration of persons, enabling the tracking of their location via satellite.
Court ruling on NIIMS
Court rules that registration should exclude DNA and GPS. Huduma number registration to proceed without a time limit. Nobody to be compelled to register, the Huduma number should not be linked to access to public services.— Wanjikũ Revolution™ (@WanjikuRevolt) April 1, 2019
Before the law change, the State required citizens to only provide information about their place of residence and postal address.
On personal identification, the State has widened the requirements to include Deoxyribonucleic Acid (DNA) in digital form, voice waves and ear lobe pattern.