Plan to use Huduma Namba to register voters sparks uproar

A proposal to have the electoral agency develop a voter register from a database with citizens’ unique identifiers, popularly called Huduma Namba, has sparked an uproar.

The proposal is contained in the Huduma Bill 2021, which provides that the National Integrated Identity Management System (NIIMS) is the primary database upon which other national records including the voters’ register will be based on.

If the bill becomes law in its current form, it will affect nine existing laws, including the Elections Act that it seeks to amend, to provide for the Independent Electoral and Boundaries Commission (IEBC) to use NIIMs database in developing the voters’ roll.

Yesterday, the bill, currently before parliament, sparked outrage with Amani National Congress (ANC) leader Musalia Mudavadi protesting that IEBC is the custodian of the voters’ register and the use of the Huduma Namba system could be perceived as “creating a parallel IEBC.”

Section 4 (3) of the Elections Act that is targeted for amendment stipulates that the information contained in the voter register should be determined by IEBC. The bill is, however, proposing to insert a new subsection stipulating that the IEBC may use the information contained under the NIIMS database to compile, maintain, revise and update the voters’ register.

“The bill establishes the NIIMS that will be a primary database for both foundational data, from which every other database with personal data of residents in Kenya, such as databases of voters, taxes and social services will be built,” it reads.

The bill was introduced in the National Assembly yesterday and bears Kipipiri MP Amos Kimunya’s name, who, by virtue of his position as the Leader of Majority, signs government bills.

Other than the Elections Act, the laws that will be affected with the enactment of Huduma Bill include the Interpretation and General Provisions Act, Tax Procedures Act, Kenya Citizenship and Immigration Act, Refugees Act, National Hospital Insurance Fund (NHIF), Marriage Act, Children’s Act and the Traffic Act.

IEBC is also required to use the NIIMS database as established under the Huduma Act for the purpose of conducting an audit.

Huduma Namba, if the bill is passed as it is, shall serve as the official proof for identification and registering for it will now be mandatory.

The Huduma card shall serve as the official government-issued document for identification and conduct of transactions.

Disenfranchise voters

This means Kenyans will be required to have a Huduma Namba to register as a voter, access universal healthcare, passport, apply for a driving license, register a mobile phone number, pay taxes, transact in the financial markets and open a bank account.

Currently, the national identity card serves as the official identification mode. Mr Mudavadi has criticised the bill, especially the requirement that mandates the IEBC to develop its register from the NIIMS database, saying, it will disenfranchise voters.

“A voter register is the most sensitive and delicate component of our elections. It is dangerous to do anything that will further dent public trust or which may be misinterpreted as mischief to such a sensitive register, especially when we are already in the active phase of the electoral cycle,” Mr Mudavadi said.

But Mr Kimunya defended the bill saying it does not compel the IEBC to use its data.

“The bill reads IEBC may, not shall. This is certainly not mandatory,” said Mr Kimunya.

The Kenya National Commission on Human Rights (KNCHR), the Nubian Rights Forum, among other civil society organisations, have filed a case at the High Court to stop the Huduma process until a policy and relevant legislation for safety and security of personal data are in place.

The High Court agreed with the applicants and directed the government to address the data safety concerns before the Huduma project could continue.

Mr Mudavadi said the Nubian Rights Forum resisted Huduma because their members experienced challenges obtaining national identity cards. The ID card is the starting point for Huduma registration.

“This means that it is not only the members of the Nubian community but also other communities that have had citizenship challenges,” he says.

Communities like the Makonde, Somalis, Shona and other border-residing communities have had issues getting national identity cards.

“These communities will be doubly disadvantaged by the mandatory application of the Huduma system in the development and management of our voters’ register.”

But Ms Koki Muli, an electoral expert, downplayed Mr Mudavadi’s fears, saying, IEBC has no business registering voters because all one needs is an ID to vote: “IDs have details of our localities so it should be up to a voter to show up in a voting place to vote and prove they should be voting where they show up.”

She noted that IEBC should put systems in place to ensure that, once a voter has voted in their place of choice, they couldn’t vote anywhere else in the same election.

“With biometrics and electronic systems in place, no one should vote twice. Everyone with an ID should be able to vote irrespective of whether they registered with IEBC or not and IEBC should not hide behind the fact that voting is voluntary and people register to show an interest,” she added.

The Huduma Namba is a unique and permanent personal identification number assigned to every resident individual to ensure everyone is distinctly identifiable.

It shall be assigned to every resident individual at birth or upon enrolment under the Act. It, however, says that no government agency shall collect foundational data from an individual who has enrolled under this Act.

“For avoidance of doubt, NIIMS is a protected computer system within the meaning of the Computer Misuse and Cybercrimes Act,” it says. A penalty for offenses relating to a protected computer system is Sh5 million or five years in jail or both.

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