59 The National Identification Card A citizen has access to many rights that would ordinarily be hard to achieve for a noncitizen. The most fundamental one, is the right to access registration documents. Registration documents are in most instances used as proof of citizenship. In particular, the national identification card. The national identification card provides one with the following benefits: 1. With an identity card one may have access to all the social and economic services. Lack of an identity card may mean inability to access admission to colleges and universities, acquire a driving license, access banking services, acquire a sim card, enter government buildings and obtain services from government offices and government platforms such as e-Citizen. 2. An identity card allows one to marry and found a family: Under existing statutory laws regulating marriages, one must submit proof of adult age-an ID card for purposes of registration of the marriage union. 3. An Identity Card (ID) allows one’s child to obtain a National Identification Card. Identification cards are used as proof of citizenship. Proof of one’s parent’s citizenship is necessary when acquiring national identification cards in Kenya. 4. An ID grants an adult the freedom of movement. IDs or Birth Certificates are a requirement when registering for a passport. So without an identity card, one’s freedom of movement outside of Kenya’s borders is curtailed. Freedom of movement also entails freedom of movement within Kenya. Non-citizens are often subjected to arbitrary requests to produce registration documents by police. Where one does not have registration documents, one may be susceptible to harassment and intimidation from the authorities. 5. A citizen has the right to own property. Registration of property in Kenya prioritises the citizens. Citizens have the right to own property without restrictions. Proof of ownership in this process is the submission of the ID and KRA Pin. Without those documents, one is treated as a foreigner. An example is of how non-citizens need an exemption from the President of Kenya to own agricultural land. Their land ownership is restricted to land in cities, towns or urban areas. 6. An ID grants one the right to participate in Kenya’s political process. An ID is a fundamental requirement in voting or in proving citizenship to be able to vie for a public elective position. 7. Citizens face a lower tax rate than foreigners and can access Kenya’s locations at a cheaper cost. Proof of citizenship is the ID. Without one, one cannot obtain a KRA Pin that registers one as a Kenyan in Kenya’s tax system. Non-citizens also face higher charges when accessing Kenya’s social amenities. An example is of how in national parks, Kenyan citizens pay a lower rate than non-citizens. Proof of citizenship in National Parks for adults is by providing a national ID. CITIZENSHIP AND NATIONALITY RIGHTS CASE DIGEST