Petition challenges legality of Maisha Namba, cites marginalisation and privacy risks
Experts have raised concerns that the system discriminates against approximately 5 million Kenyans, resulting in their inability to obtain proper identification.
A petition challenging the fairness and legality of Maisha Namba, a digital identity system, has begun at the Milimani Law Courts, with experts warning that it risks further marginalising millions of undocumented citizens.
Maisha Namba is the new digital identification system designed to assign citizens and residents a unique personal identifier (UPI) from birth.
More To Read
It is intended to replace the current National ID system and integrate multiple government services into a centralised database using biometric data, including fingerprint, facial and iris scans.
The case, filed by Haki Na Sheria Initiative on December 20, 2023, argues that the new system fails to address long-standing discrimination in Kenya’s identity registration, violates privacy rights, and was introduced without sufficient public participation.
Experts have raised concerns that the system discriminates against approximately 5 million Kenyans, resulting in their inability to obtain proper identification.
They argue that these issues, which have not been adequately addressed by Maisha Namba, will be exacerbated by the hasty and mandatory implementation of the system.
“The Maisha Namba system assumes that everyone can prove their Kenyan nationality. But for many communities that have historically struggled to access national IDs and birth certificates, this system will only deepen their exclusion,” expert witness Laura Bingham said.
The court was told that registration for Maisha Namba requires an existing form of identification, leaving out an estimated five million Kenyans who lack IDs or birth certificates.
“Proof of nationality is now more critical than ever, yet there are no measures to help millions of undocumented citizens enroll,” the expert witnesses argued.
Beyond exclusion concerns, privacy risks were also highlighted. The system will collect and store sensitive biometric data, including facial and iris scans, raising fears of data breaches and government surveillance.
“You can change your password, but you cannot change your biometrics,” Tom Fisher, a senior researcher at Privacy International, said.
The petitioners are urging the court to order the government to implement measures to ensure all Kenyans, especially historically excluded groups, can obtain identification, end discriminatory vetting processes for ID applicants, conduct and publish a Data Protection Impact Assessment (DPIA) and a Human Rights Impact Assessment to comply with privacy laws and constitutional rights.
The case has attracted support from civil society organisations, including the Kenya Human Rights Commission, KICTANet, Haki Center, Paranet, Namati Kenya, The Kenyan Section of the International Commission of Jurists (ICJ Kenya), Access Now and Nubian Rights Forum.
Top Stories Today
