A Guide to Litigating Identity Systems NUBIAN RIGHTS FORUM AND OTHERS V. THE HON. ATTORNEY GENERAL 17. The fourth and most recent case is the Huduma Namba judgement from Kenya in 2020.16 The proposed national identity system would have issued a national identity number to enrollees in Kenya, and the system would have centralised both biometric and other personal identity information – including DNA information and GPS coordinates – in a single national database.17 The resulting national identity number would be used for access to services.18 The Kenyan judgment ultimately upheld the system,19 but the Kenyan High Court restrained the implementation of the system by requiring further data protection safeguards,20 prohibiting the collection of DNA and GPS data,21 and suggesting that potential exclusion from access to services and enrolment must be addressed.22 In reaching its findings, the court took notice of the risks posed by collecting biometric information,23 the potential for data abuse and misuse inherent to the system,24 and the possibility of exclusion for vulnerable populations.25 16 Huduma Namba Judgment, Nubian Rights Forum and Others v. The Hon. Attorney General, Consolidated Petitions No. 56, 58 & 59 of 2019 (2020). 17 Huduma Namba Judgment, ¶¶ 3–4. 18 Huduma Namba Judgment, ¶¶ 876, 1012. 19 Huduma Namba Judgment, ¶ 1047. 20 Huduma Namba Judgment, ¶ 922. 21 Huduma Namba Judgment, ¶¶ 767–68. 22 Huduma Namba Judgment, ¶ 1012. 23 Huduma Namba Judgment, ¶ 772. 24 Huduma Namba Judgment, ¶ 880. 25 Huduma Namba Judgment, ¶¶ 1012. 13