Lobby group threatens legal action over Maisha Namba

A group of ten lobby members has issued a stern warning that they will take legal action if the government goes ahead with the implementation of the Unique Personal Identifier, also known as Maisha Namba.

The lobby has called on the government to halt the implementation of the Unique Personal Identifier until a comprehensive legal framework has been put in place that complies with the Constitution and meets the requirements set out in the High Court ruling.

Speaking at a press conference, Nubian Rights Chairperson Shafi Ali Hussein emphasised the negative effects seen in the past, such as erosion of privacy and exclusion, resulting from rushed and flawed implementations such as the Huduma Namba.

"We urge the government to take immediate steps to ensure proper legislation, meaningful public participation, access to critical documentation (birth certificates and 10 cards) for all Kenyans, and adequate privacy safeguards and adherence to the law in the process of creating a digital sensitisation system in Kenya," said Mr Hussein.

However, Mr Hussein, should the President decide to go ahead with the roll-out, we feel compelled to take legal action.

"This initiative bears a strong resemblance to the Huduma number project and continues to use Kenyan taxpayers' money, which is a cause for concern. We urge the President to show firm leadership in this regard. As the Huduma case remains subject to ongoing legal proceedings, we will be working diligently with our legal team to investigate any legal loopholes as this is essentially a mere amendment of the UPI," said Mr Hussein.

Mr Hussein stressed that the lack of transparency, inadequate authentication measures and the absence of adequate procedural and legal safeguards in the implementation of the Unique Personal Identifier/Maisha Number could adversely affect citizens' access to essential nationality documents.

"We are at a critical moment. The move to digital IDs is not a minor change, but one that will significantly alter the way legal identification is managed in our country. As such, we need to get it right and improve access to nationality, data protection and individual privacy, not undermine it.

We have seen first-hand in our communities the harms of digital identity systems, where they have excluded people struggling with documentation, denied citizens services, collected excessive data and impeded fundamental freedoms," said Mr Hussein.

Abdi Gedi, of the Pastoralist Rights and Advocacy Network, called on the government to initiate comprehensive, nationwide public consultations on the proposed legal framework, any draft regulations and the architectural aspects of the proposed system.

Gedi also urged the government to eliminate vetting procedures for all Kenyan citizens and instead introduce affirmative action measures aimed at providing documentation to those who have been historically marginalised or who have faced difficulties in obtaining such documentation due to past administrative barriers.

"We want the government to abolish vetting procedures for all Kenyan citizens and introduce affirmative action measures to ensure that individuals who have been historically marginalised or who have faced difficulties in obtaining such documentation due to past administrative obstacles can obtain the necessary documentation," he said.

Mr Gedi expressed concern that the necessary steps to modernise and reform the identification system were conspicuously absent from the introduction of Maisha Namba. 

"The lack of extensive engagement with the public, civil society and other stakeholders is glaring and as a result, the government's current efforts to develop a digital ID system are dangerously mirroring the pitfalls that hampered the Huduma Namba initiative," Mr Gedi said.

Speaking at the opening of the 7th ID4Africa Expanded General Assembly in Nairobi on May 24, Ruto said the government is seeking to introduce digital ID cards containing the details of every citizen as part of the government's plan to digitise its civil registration and vital statistics system.

Annette Opiyo, a paralegal at Nubian Rights, said: 'However, the essential measures needed to modernise and reform the identification system were conspicuously absent from the recent launch of Maisha Namba.Meaningful and inclusive dialogues with the public, civil society and various stakeholders have been conspicuously absent.

As a result, current government initiatives to develop a digital ID system are dangerously close to the same stumbling blocks that hampered the Huduma Namba project.

"Before proceeding with digitisation, it is imperative to ensure that every Kenyan citizen has easy access to essential documents such as birth certificates and ID cards," says Ms Opiyo.

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