The recent Huduma Namba mass registration continues to ignite debate on the government’s approach and security of the personal data collected.
Initial concerns arose from the apparent rush to launch the registration before a comprehensive legal framework was established.
International best practices recommend that the collection and holding of personal data must be regulated by law, which must also provide an effective remedy for individuals whose privacy may be violated.
Accordingly, the Huduma Bill, introduced in July this year, should have preceded the mass registration.
The bill does not expressly state whether Huduma Namba will supersede or co-exist with the Integrated Population Registration System since the two have similar objectives.
Although the bill proposes seemingly hefty financial penalties for various offences, it does not provide remedies for acts violating the rights to privacy granted by Article 31(c) of the Constitution.
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It is unclear why the initial Huduma Namba registration was created under the National Registration Bureau (NRB) instead of the more recent Kenya Citizens and Foreign Nationals Management Service Act (KCFNMSA).
Incidentally, the Huduma Bill also proposes to repeal the KCFNMSA, a statute that was hardly implemented despite being put in place by the 2010 Constitution.
Neither the board envisaged by the said Act nor the Director-General was appointed. It is not clear which agency will be the custodian of the records collected under Huduma Namba.
The KCFNMSA Board was meant to be independent from the Interior ministry, both in terms of decision making and legal personality.
Furthermore, the bill curiously vests all responsibility for its implementation on ..
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