86
Kenya Information and Communication Act 1998 as amended by Statute Law (Miscellaneous
Amendment) Act No. 18 of 2018 was unconstitutional, null and void. A declaration that the
amendments to section 24 of the Public Finance Management Act introducing sub-section 2A
made by Statute Law (Miscellaneous Amendment) Act No. 18 of 2018 was unconstitutional,
null and void. A declaration that the collection of DNA and GPS co-ordinates for purposes
of identification was intrusive and unnecessary, and to the extent that it was not authorised
and specifically anchored in empowering legislation, it was unconstitutional and a violation
of article 31 of the Constitution. Consequently, in so far as section 5(1) (g) and 5(1)(ha) of
the Registration of Persons Act required the collection of Global Positioning Systems coordinates
and DNA, the subsections were in conflict with article 31 of the Constitution and were to
that extent unconstitutional, null and void. The respondents were at liberty to proceed with
the implementation of the National Integrated Identity Management System (NIIMS) and
to process and utilize the data collected in NIIMS, only on condition that an appropriate and
comprehensive regulatory framework on the implementation of NIIMS, that was compliant
with the applicable constitutional requirements identified in the judgment, was first enacted.
27. The implementation of National Integrated Identity Management
System (NIIMS) should not be undertaken without the enactment
of an appropriate and comprehensive regulatory framework.
Nubian Rights Forum & 2 others v Attorney General & 6 others; Child Welfare
Society & 9 others (Interested Parties)
Constitutional Petitions No 56, 58 & 59 of 2019
High Court at Nairobi
P Nyamweya, M Ngugi & W Korir, JJ
January 30, 2020
Summary of Facts
The Statute Law (Miscellaneous Amendment) Act No. 18 of 2018, made amendments
to various statutes. It introduced section 9A to the Registration of Persons Act which
established the National Integrated Identity Management System (NIIMS) which was
intended to be a single source of personal information of all Kenyans as well as foreigners
that resided in Kenya. The petitioners challenged the amendment on grounds that it
violated the Constitution and was made in bad faith. They said that the amendments
posed various security risks arising from the collection of personal data and violated rights
to privacy, children’s rights and equality and non-discrimination. They also said that they
CITIZENSHIP AND NATIONALITY RIGHTS CASE DIGEST
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