Digital ID and Risk of Statelessness Nubians have made many attempts to get the government to address their statelessness, including through advocacy and litigation. 22 The government included Nubians as an official tribe in the 2009 national census. 23 In 2011, Nubians obtained a decision of the African Committee of Experts on the Rights and Welfare of the Child, 24 advising the Kenyan government to take special measures to ensure the registration of Nubian children. Despite this, they, alongside other cases such as border communities, face a longer process in acquiring national ID. They must be vetted by security committees before their registration can be approved. 25 They are also required to provide additional documents, such as grandparent’s identity cards and proof of residence. 26 According to testimony given during a hearing on the ongoing NIIMS petition, many Nubians lack documentation because the requirements and procedures for registration are unclear and uncertain. 27 For almost a century, this has denied them freedom of movement, registration of property, access to economic opportunities and employment. Consequently, they have remained in the Kibera area, which is an informal settlement with limited access to facilities such as schools and hospitals. 28 DIGITAL ID IN KENYA The rationale, objects and nature of the Huduma Namba digital ID project are mostly deduced from pronouncements of public officials, as government policy on digital ID is not published. 29 Some of the stated benefits include: convenience, as Kenyans will no longer have to carry multiple identity documents; improved security, as security agencies can access data about persons at the touch of a 22 23 24 25 26 27 See, eg, ‘Citizenship Paralegals’ Nubian Rights Forum (Web Page) <http://nubianrightsforum.org/citizenship-paralegals/>; Open Society Foundations, Namati and Nubian Rights Forum, Briefing Paper: Implementation of Nubian Minors v Kenya (Briefing Paper, African Committee of Experts on the Rights and Welfare of the Child February 2014) <https://namati.org/resources/briefing-paper-implementation-of-nubianminors-v-kenya/>. ‘Ethnic Affiliation’, Kenya National Bureau of Statistics (Web Page, 22 March 2013) <https://www.knbs.or.ke/ethnic-affiliation/>. NIIMS Case (n 5) 16, citing Decision on the Communication by the Institute for Human Rights and Development in Africa and the Open Society Justice Initiative (on Behalf of Children of Nubian Descent in Kenya) against the Government of Kenya, ACERWC, Decision 002/Com/002/09 (22 March 2011) <https://www.refworld.org/cases,ACERWC,4f5f04492.html> (‘Children of Nubian Descent in Kenya’). Registration of Persons Act (n 4) s 8 Registration of Persons Rules (n 9) r 4(2)(b) allows registration officers to seek documents for proof of nationality. Registration officers typically demand grandparents identity cards, see NIIMS Case (n 5) [947]. @Nubian Rights (Nubian Rights Forum) (Twitter, 25 September 2019, 7:57PM) <https://twitter.com/nubianrights/status/1176797872634978305>, quoting Shafi Al Hussein as they were cross-examined for the NIIMS Case (n 5): My problem with #NIIMS is my community will be left out and not only Nubians but many minorities — we want to migrate together. The issues of discrimination should be addressed so that we can walk together — otherwise how can I be denied services? #HudumaNamba 28 29 Children of Nubian Descent in Kenya (n 24) 13 [59], 14 [65]. For example, in the NIIMS Case (n 5), in response to requests for information on the architecture of NIIMs, the government referred to the Government Enterprise Architecture, which does not specifically provide for the NIIMS architecture: at [426]. 351