80 5 (g) of the said Act was suspended, pending the hearing and determination of the consolidated petitions. Respondents were at liberty to proceed with the collection of personal information and data under the National Integrated Information Management System (NIIMS) pursuant to the operational provisions of the Registration of Persons Act. However, pending the hearing and determination of the consolidated petitions, the respondents were not to: a) Compel any member of the public to participate in the collection of personal information and data in NIIMS. b) Set any time restrictions or deadlines as regards the collection of the said personal information and data in NIIMS. c) Set the collection of personal information and data in NIIMS as a condition precedent for the provision of any government or public services, or access to any government or public facilities. d) Share or disseminate any of the personal information or data collected in NIIMS with any other national or international government or non-governmental agencies or any person. 26. 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. Okiya Omtatah Okoiti & 4 others v Attorney General & 4 others; Council of Governors & 4 others (Interested Parties) [2020] eKLR Petition 163 of 2019 High Court at Nairobi P. Nyamweya, Mumbi Ngugi & W. Korir, JJ January 30, 2020 Summary of Facts The petitioners challenged the constitutionality of amendments made to various statutes vide the Statute Law (Miscellaneous Amendments) Act, 2018 (the impugned Act). They argued that the amendments were unconstitutional and therefore invalid, null and void. The reasons they advanced were that the manner in which the amendments were effected violated various constitutional provisions. In particular, they argued that the impugned Act introduced substantive amendments which ought to have been done through stand-alone Bills and was an abuse of the proper purpose of miscellaneous amendment Bills. It was CITIZENSHIP AND NATIONALITY RIGHTS CASE DIGEST

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