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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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