Advocates pick privacy, inclusion holds in Kenya’s Maisha Namba digital ID system

Fresh concerns have been raised about issues of data privacy, security and exclusion in relation to Kenya’s Maisha Namba digital ID project.

The arguments were put forth recently during a court hearing in a matter brought against the Kenyan government by some digital rights advocacy organizations, The Standard reports.

Haki na Sheria and the Katiba Institute filed separate cases against the Kenyan government in 2023 over the new digital ID system, citing major constitutional and human rights infringements.

Speaking in a testimony during a High Court session as expert witnesses, international lawyer, Prof Laura Bingham, and senior researcher at Privacy International, Dr Thomas Fisher, argued that the ID system presents several shortcomings in the areas of privacy, data security, and inclusion.

Bingham, for example, said unlike the government’s claims, the ID system has a centralized data repository which could potentially be used as a surveillance tool to crack down on dissenting voices.

Millions excluded

They argued that the ID system also appears to be exclusionary as citizens in many communities, especially those along the borders, still feel excluded from the gains that the system is supposed to offer.

The experts hold that the ID system discriminates against an estimated five million Kenyans, according to The Eastleigh Voice.

Bingham says because a majority of Kenyans live in rural areas, the government should have been more serious about “a fully online approach” to addressing questions related to identity services such as birth registration.

“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,” she is quoted as saying.

DPIA needed

Fisher hammered on the issue of privacy and data protection, urging the court to direct the government to get back to the drawing board and do the needful, namely by conducting a proper data protection impact assessment (DPIA).

These concerns raised by Bingham and Fisher in their testimonies are not entirely new as the Kenyan government faced them during the rollout of the previous ID system – the Huduma Namba.

Then, concerns over privacy, data security and marginalization of communities on the country’s fringes, were highlighted, which is partly what led to the death of the system, aside its reported exorbitant cost – giving rise to the Maisha Namba.

The new Masiah Namba ID system, launched in 2023, has faced no less troubles, which have included a number of court injunctions halting ID issuance over these concerns.

Bumpy ride

At the start of the Mashia Namba digital ID system rollout, the government was warned against repeating the same mistakes it made with the Huduma Namba. But such admonition has not averted a bumpy ride for a digital ID system which the government considers the engine of its digital transformation drive.

Recently, Kenyan President William Ruto signed a proclamation removing the vetting process which was blamed for being at the origin of many Kenyans in border communities excluded from the national ID system. The was also a court judgement that signaled good news for about 40,000 Kenyans without an ID card recently.

The President followed up his proclamation with a recent announcement that national ID cards will henceforth be issued gratis to first-time applicants, as opposed to a fee of 300 Kenyan Shilling (US$2.3) announced in 2024.

Speaking during a tour of the Nairobi County, Ruto told a rally in Kibra Constituency that ID cards will now be issued to all Kenyans for free, with The Star quoting him as saying that Kenyan citizens should be able to receive an ID “without any form of discrimination.”

Recently, the African Union was petitioned over discriminatory practices related to Kenya’s ID system.

Progress despite challenges

The challenges with the Maisha ID system notwithstanding, the government says it has undertaken a litany of reforms in the areas of birth registration and the production of ID cards and passports, which are paying dividends.

As part of these efforts, Citizen Digital reveals that the government has just launched a nationwide ID registration campaign which prioritizes people in specific sections of the society such as students, prisoners and citizens who live in border communities especially in the North of the country.

Announcing the move near the end of last week, the Principal Secretary for Immigration and Citizen Services, Prof Julius Bitok, said it follows the recent removal of vetting procedures for ID obtention by the president, and will enable people have access to health insurance, and other services.

The Immigration and Citizen Services says it is working to enroll prison inmates for ID in partnership with Health and Interior Ministries, and for high school students with the Ministry of Education.

Article Topics

Africa  |  biometrics  |  digital ID  |  digital inclusion  |  identity management  |  Kenya  |  Maisha Namba  |  Privacy International