Mitigating Governance Risks in Identification Systems

Indirect Discrimination: Huduma Namba (Digital Identification) and the Plight of the Nubian Community in Kenya

“…192 The inevitability of the eventual replacement of manual registration systems with digital ones is apparent in a world that is fast becoming digital. 193 Digital governance, and with it digital ID systems, has been lauded for its ability to promote the realisation of sustainable development goals and other economic goals for countries. 194 In Kenya, the need to harmonise identity data and streamline service delivery is a commendable aim.…”

“…Nonetheless, the implementation of digital ID systems poses great risks of exclusion of marginalised communities, ultimately worsening their position in society. 195 As such, they ought only to be implemented where there is a robust framework safeguarding against exclusion and the violation of privacy rights. 196 As revealed in the recent High Court decision declaring the roll-out as ultra vires, the system does not only pose a grave threat of exclusion 197 and statelessness for undocumented Kenyans but also places in jeopardy the data of all those enrolled on its system as data protection safeguards have been deemed subpar.…”

“…195 As such, they ought only to be implemented where there is a robust framework safeguarding against exclusion and the violation of privacy rights. 196 As revealed in the recent High Court decision declaring the roll-out as ultra vires, the system does not only pose a grave threat of exclusion 197 and statelessness for undocumented Kenyans but also places in jeopardy the data of all those enrolled on its system as data protection safeguards have been deemed subpar. 198 The system was also implemented without a comprehensive framework for its operationalisation, 199 therefore, lacks any redress mechanisms or prior impact assessment considerations.…”