A Guide to Litigating Identity Systems c) Justice Sykes of the Jamaican Supreme Court briefly mentions function creep, stating that the risk of function creep, which would further jeopardise privacy rights, is greater where data minimisation principles are not followed.237 d) The Kenyan High Court also briefly mentions function creep, indicating the court is “persuaded” by expert testimony that included an argument that “the mere existence of data in a centralised identification system leads to the temptation to use it for purposes not initially intended.”238 The court’s acceptance of the broader testimony, including this statement, contributed to its conclusion that the data protection framework governing the Kenyan national identity system was inadequate.239 237 Opinion of Justice Sykes, ¶ 247(B)(56). 238 Huduma Namba Judgment, ¶ 877. 239 Huduma Namba Judgment, ¶ 885. 55