The Case of Kenya and
the National Integrated Identity
Management System (NIIMS)
The Kenya country context was discussed at length
in a number of different sessions during ISI’s World
Conference. It was highlighted by Yassah Kimei
(Nubian Rights Forum); Laura Bingham (Open
Society Justice Initiative); Mustafa Mahmoud
(Namati) and Diana Gichengo (Kenya Human Rights
Commission).
One of the topics to receive a lot of attention was
Kenya’s contentious new biometric database: the
‘National Integrated Identity Management System’
(NIIMS). A digital identity management system,
NIIMS is a national population register set to become
a single source of information about Kenyan citizens
(both those residing in Kenya and the Kenyan
diaspora) and foreigners residing in the country. Its
implementation has received criticism due to many
factors that put individuals at risk of statelessness,
and further penalise those excluded. These issues
include the requirement to have an ID card to register;
not being able to opt out of the system; exclusion
from essential rights and services for those not
signed up; the lack of clarity around how sensitive
information required to sign up will be used and the
risk of Kenyan citizens being registered as foreigners
if they cannot provide the required documentation at
registration.
The Nubian Rights Forum filed a petition in the High
Court of Kenya, challenging the constitutionality
of NIIMS. Since the Conference, the hearings on
this case have been held and the outcome is now
expected by late 2019 or early 2020. Those working
on legal identity, citizenship and statelessness issues
around the world are continuing to watch the Kenyan
context closely and eagerly await the High Court’s
ruling.
‘Unseenuntouchable’
Nepali artist Manish Harijan’s work depicted the artist with a
silver bowl affixed to the front of his face. The bowl covered
the artist’s face, reducing him to a state of anonymity.
However, viewers could see the distorted reflection of their
own faces in the bowl. Adding an element of performance
art to his work, Manish – in full costume – interacted with
participants. The bowl obscuring his face and voice made for
challenging and interesting conversations with a voiceless,
faceless counterpart.
This artwork raised questions around identity, how we see
those whose identity is obscured by barriers placed before
them and how we interact with them in the face of such
constraints. It provided a unique and thought-provoking
perspective through which to engage with the real challenges
faced by persons who have been denied their identity, and
who are compelled to interact with society and institutions
from this position of disadvantage and invisibility.
10
Moving Citizenship up the Legal
Identity (SDG16.9) Agenda
In collaboration with Open Society Justice Initiative
and the Knowledge Platform Security and Rule of Law,
ISI convened a closed-door strategy meeting on the
margins of the Conference. 25 key actors participated
in this meeting, including practitioners working on the
ground in countries as diverse as India, Kenya, Malaysia
and Myanmar. Collectively, they brought together
expertise on nationality and statelessness, sustainable
development, open government, humanitarian
assistance, peacebuilding and rule of law. The purpose
was to map current priorities, concerns and strategic
interests in engaging with the issue of legal identity.
Among the challenges articulated by the participants
was the need to ‘complexify’ the understanding of legal
identity such that any false assumptions, and also the
interconnectivity with other SDGs and with citizenship/
statelessness is exposed. The need to influence the
narrative around technology as being neutral, nonpolitical or inherently ‘good’, and show how systems
that are not intentionally designed and implemented
to be inclusive will be intentionally or unintentionally
exclusive and may impact on people’s citizenship
status was also stated. Meeting participants agreed
that “the train is moving fast” on this issue and it is
key to try to influence things, identifying a number
of target audiences and strategies for outreach and
engagement. Drawing from the meeting conclusions
and the Conference debates on these issues, ISI is
developing a policy brief on this issue for publication
later in 2019.