77 F. Digital Identities and the Freedom against discrimination. To discriminate is to deny one equal protection of the law or to not treat them the same as others1. Article 27(1) of the constitution provides that every person is equal before the law and has the right to equal protection and equal benefit of the law. Article 27(4) provides that The State shall not discriminate directly or indirectly against any person on any ground, including race, sex, pregnancy, marital status, health status, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, dress, language or birth. A digital ID is the use of digital technologies to identify a person. A digital identity can be defined as an online or networked identity adopted or claimed in cyberspace by an individual, organization or electronic device. Digital identities must however meet the standards set by data protection laws and must not violate a person’s fundamental rights and freedoms. Discrimination in the realm of immigration law mostly occurs during the issuance of identification documents. As already evidenced by some of the decisions on the chapter on the National ID, authorities may on occasion discriminate based on social origin or ethnicity. This has often been passed on to emerging digital identities. The same biases used to discriminate in decisions to not issue registration documents to qualified persons is extended further in the issuance of digital identities. Just like the old identification systems, digital identities use identifiers; including but not limited to Names, National ID Card Numbers, emails, phone numbers, DNA etc. These identifiers are sometimes often used to discriminate. In 2019, Kenya rolled out the National Integrated Identity Management System in which Kenyan Citizens were required to register so as to get a Huduma Namba and a Huduma Card which would help them access services offered by the Government of Kenya. The roll out was challenged in court on grounds that the roll out did not observe Kenya’s data protection laws. The High Court made three landmark decisions on the matter, the three are summarised below: 1 The Law Dictionary; available at https://thelawdictionary.org/discrimination/?1639021916_kes_cup_C6FA3ED5_6D17_47D1_B6E2_ F4B02CC905E0_ Accessed on December 9, 2021 CITIZENSHIP AND NATIONALITY RIGHTS CASE DIGEST