By Valarie Waswa
The Kenya Human Rights Commission (KHRC) hosted a National Integrated Identity Management System (NIIMS) Convening on November 13-14, 2024, in Naivasha, Kenya.
The convening focused on the contentious Maisha Namba initiative and broader Digital Public Infrastructure (DPI) issues.
KICTANet participated in ensuring that technological innovation aligns with fundamental rights. The event brought civil society organizations (CSOs), legal experts, advocacy groups, and media to discuss human rights in the digital age.
Key challenges raised included:
- Invasive data requirements (DNA, GPS)
- Lack of legal frameworks and public awareness
- Exclusion of marginalized communities
- Surveillance concerns and political/economic interests
KICTANet contributed through policy analysis, advocacy, and public participation. It attended public participation sessions, submitted a memorandum, and developed resources on digital identification law, Huduma Namba, and data protection.
Earlier this year, KICTANet attended the public participation sessions on the Registration of Persons (Amendment) Rules 2024 and Births and Deaths Registration (Amendment) Rules 2024, submitting a memorandum that outlined key concerns and recommendations.
However, these sessions were largely procedural, with participants given limited opportunity to engage meaningfully.
Building on its work on digital IDs, KICTANet has developed a suite of resources to guide policy and legislative reform. These include:
- Digital Identification Law in Kenya: A State of Play, which sought to analyze the legal challenges of Huduma Namba.
- Huduma Namba: Time to Get It Right, which reviewed the gaps in the system’s policy framework.
- Data Protection and Legal Identity in Kenya, which examined the intersections of privacy and digital identification.
Breakout sessions focused on legal/strategic litigation and advocacy. KICTANet’s advocacy group emphasized a multifaceted approach, including:
- Engaging policymakers
- Educating and mobilizing communities
- Leveraging traditional and digital platforms
- Aligning with global best practices
Challenges to effective advocacy included low digital literacy, limited device access, and infrastructure issues.
However, participants acknowledged the potential of Digital IDs to improve service access, emphasizing the need for privacy safeguards and public participation.
The group proposed the development of an Advocacy Strategy Toolkit to guide CSOs in their efforts. The toolkit aims to incorporate:
- Principles of DPI and its human rights implications.
- Comparative analysis of Digital ID systems in other countries.
- Strategies for assessing and improving Kenya’s DPI ecosystem.
- Best practices for evidence-based advocacy.
Day two focused on consolidating findings and action points. The Advocacy group committed to drafting a Digital ID Advocacy Strategy Toolkit.
The KHRC NIIMS Convening highlighted the importance of a human-centred approach to digital transformation. KICTANet’s role as a thought leader and advocate is crucial in ensuring equitable digital development for all Kenyans.
Ms Valarie Waswa, Legal Fellow – KICTANet