The Huduma Bill 2021 Was In Parliament For Its 2nd Reading.

The law has been thoroughly examined, but it primarily proposes that all Kenyans receive the Huduma Namba. Huduma Namba, which is based on the National Integrated Identity Management System (NIIMS) database, will also be linked to all government services. Without the Huduma Card, a person will not be able to get government services. Part of the Bill reads, “Every resident individual shall have a mandatory obligation to present their Huduma Namba to be issued with a passport, apply for a driving license, register a mobile phone number, register as a voter, pay taxes, transact in the financial market, open a bank account, register a company or a public benefit organization, transfer or make any dealings in land, register for power connection, access universal healthcare services, or register a marriage”.

The Huduma Bill aims to bring other Acts into line with it. Existing databases that serve functional and basic purposes, such as voter registers, taxes, and social services and products, will continue to exist but will be updated regularly using the National Integrated Identity Management System (NIIMS). However, several Acts of Parliament govern social services and other types of data, such as the Citizen and Immigration Act 2011, the Tax Procedures Act 2015, the National Hospital Insurance Fund Act 1998, and the Elections Act 2011. The Huduma Bill 2019 proposes that these Acts be amended to allow for the efficiencies that will be gained by relying on Huduma Namba for identification and registration.

A law modification proposed for 2021 would also give Huduma Namba to children for tax purposes. Huduma Namba will be assigned at birth or upon enrollment, according to the modification. Parents should be aware that this registration process should be complete within 90 days after the birth of their child. Payment of a late registration penalty will be required for late registrations.

The Huduma bill 2021 has several concerns, some of which have been raised by stakeholders and other interested parties. ARTICLE 19 Eastern Africa, in collaboration with Civil Society Organizations, has filed a joint memorandum to Parliament to guarantee that the Huduma Bill promotes the fulfillment of legal identity, privacy, and data protection. Furthermore, ARTICLE 19 has generated some intriguing suggestions. It states that the government should be tasked with investing in increasing user trust and confidence in digital Identity Cards. This should be accomplished by involving the general population. Before shifting to the Huduma Namba system, the government should create a completely inclusive identity system, implying that locals can access documents such as birth certificates and ordinary Identity cards.

On Wednesday, February 23, 2022, from 9 a.m. to 5 p.m., a public hearing on the Huduma Bill was held in the mini-chamber 1st Floor, County Hall, Parliament Buildings. A public hearing invitation stated that members of the public wishing to participate in the public hearing are required to prepare detailed written submissions, which they will hand over to the Committee in addition to the oral submission made.

The coalition of Kenyan civil society organizations with expertise in issues of identification, civil registration, nationality rights, data protection and privacy, minority rights, children’s rights, human rights, and other related issues submitted a memo on The Huduma Bill to the Clerk of the National Assembly, and the Departmental Committee on Administration and National Security.

The Huduma Bill 2021 was in Parliament for its 2nd reading. The Huduma Bill proposed the largest set of changes to the legal framework governing Kenya’s identification system since before independence. If enacted, the Huduma Bill would become the single law anchoring birth and death registration, issuing identity cards, issuing passports, and governance of the National Integrated Identity Management System (NIIMS). The draft legislation, system design, and all other decision points around the National Integrated Identity Management System (NIIMS) must be considered very carefully, comprehensively, and transparently. 

In addition to the detailed analysis and recommendations, the coalition of Kenyan civil society organizations called the Committee’s attention to several fundamental issues that must be addressed before determining whether or not to move forward with the Huduma Namba system. 

Given the extensive nature of the National Integration Identity Management System (NIIMS) and that it will impact many areas of lives of all Kenyans, this Bill and all related legislation and regulations require robust public participation across the country through which the government can receive and consider the views and suggestions of Kenyans and other residents of the country and incorporate them into the final versions. At all steps in the legislative process, the government should provide full information by advertising opportunities to provide input into the Huduma Bill not only on print media and gazette notices but also through social media, TV stations, and radio to give room for more Kenyans to interact with the Huduma Bill and share their views. 

In-person public participation opportunities should be organized by the government in every county - in accessible locations, in vernacular languages, with sufficient notice, and with information (such as the latest copy of the Bill) provided in advance to enable Kenyans to provide informed views. Following all public participation opportunities, including the current collection of memoranda, feedback should be provided to the public on what recommendations were received and how input has been taken into account in amending the Bill or plans for National Integrated Identity Management System (NIIMS. The government must invest in building user trust and confidence in digital Identity Card, including meaningful and robust engagement on the anchoring legislation, the system design, and the governing body for the National Integrated Identity Management System (NIIMS).

The Government must ensure all Kenyans can access identification documents such as birth certificates and National Identity Cards before moving forward with Huduma Namba. The draft bill does not sufficiently address concerns of exclusion that have been repeatedly raised over the past three years. It is critical to avoid importing issues prevalent in the current system of accessing birth registration, identity cards, and passports into the system proposed in this Bill. Those at risk of exclusion from National Integrated Identity Management System (NIIMS) enrollment include Kenyans without identification documents, people with biometric challenges (such as unreadable fingerprints), persons with disabilities, street families, street children, and stateless persons. 

The High Court, in January 2020, also required the government to establish a comprehensive regulatory framework that addresses how Kenyans without identity documents and people with biometric challenges can enroll in National Integrated Identity Management System (NIIMS) - issues yet to be addressed in this Bill or any existing regulations. Beyond risks of exclusion at the point of enrollment, there are no safeguards in the current draft bill to ensure against denial of services either for persons not enrolled in the National Integrated Identity Management System (NIIMS) or for those who are enrolled but who face challenges in the authentication or verification process at the point of accessing services or conducting transactions. Without significant changes, this Bill will lead to the exclusion of millions of Kenyans and other residents. 

The law must provide for a multi-year transitional period between the current Registration of Persons Act and the Huduma Act. The transition period must also address initial enrollment into the National Integrated Identity Management System (NIIMS), particularly for those without registration documents and those in the process of obtaining an Identification card under existing laws. A transition period in which the focus is expanding coverage of birth registration and Identity card issuance before National Integrated Identity Management System (NIIMS) enrollment will help address the challenges of those likely to be excluded from the system. A transition period would also allow for taking the public through proper civic education and comprehensive training of all government officials in registration and related agencies that would use the National Integrated Identity Management System (NIIMS). 

The Government must ensure Kenya has a financially independent and well-resourced data protection authority capable of discharging its mandate under the Data Protection Act. The government ought to ensure the swift adoption of the draft Data Protection Regulations (2021). Shall an individual misuse the biometric or personal data of a registered person, it can result into discrimination, profiling, surveillance of the data subjects, and identity theft. The government must also ensure the protection of whistleblowers, who expose data-misuse incidents. 

Civil registration and identification are critical functions in a country as they provide individuals with a unique legal identity throughout their lives. Transitioning to a digital identity system such as Huduma Namba in a country with a fragmented civil registration system is a complicated matter. The success of the Huduma Namba program will be hinged on addressing the gaps and bottlenecks that have plagued Kenya’s civil registration and identification systems. 

There is a need for a holistic approach informed by evidence-based research, a comprehensive national civil registration and identification policy, a robust strategy, and an implementation plan with a clear roadmap for implementing the Huduma Namba. The Bill, as currently drafted, is not informed by any of these foundational elements, which could portend challenges for the process of transition from paper-based systems, the current national identification card, and the various forms of identification under the numerous registration systems and government service providers.

The National Integrated Identity Management System (NIIMS) committee proposed in section 65 is an oversight body and not sufficient to give effect to various rights that individuals have in the Constitution and in this draft bill (appeal a decision of a National Integrated Identity Management System (NIIMS) Officer, update particulars). There is a need to establish an agency or commission as a competent, robust, and independent institution responsible for planning, managing, administering, and implementing the National Integrated Identity Management System (NIIMS) and the Bill. Such an agency would align with Sustainable Development Goal 16.6 to develop effective, accountable, and transparent institutions.

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