UN agencies, politicians reject Huduma Bill, say it’s unconstitutional
By Anthony.Mwangi, May 26, 2022Civil society organisations, NGOs and politicians have opposed the enactment of Huduma Bill 2021, saying it is unconstitutional.
There were protests that the proposed law would further alienate some communities.
Appearing before the Administration and National Security Committee of the National Assembly yesterday, Garissa Township MP Aden Duale said concerns about the law should be addressed.
“Seeking to entrench the use of the National Integrated Identity Management System (NIIMS) the way it is being raised is against the tenets of the Constitution,” Duale told the committee currently receiving views on the bill from the public.
The MP said Huduma Namba was challenged in the High Court which made a declaration that the implementation of NIIMS and utilisation of the data collected could proceed only on condition that an appropriate and comprehensive regulatory framework on its implementation that is compliant with the applicable constitutional requirements had been put in place hence the Huduma Bill before the House.
“It is however my considered submission that we may never have cured this as the Bill before this House still has constitutional issues,” stated Duale.
The United Nations Children’s Fund (UNICEF) and the United Nations High Commission for Refugees (UNHCR) also opposed the bill saying that it was discriminatory.
In its memorandum, UNICEF said children under the age of eight born in Kenya and who have no parents should be registered as citizens.
The bill says that a child must have parents or guardians to be registered as Kenyans.
Duale told the committee chaired by Limuru MP Peter Mwathi that the bill gives the Interior Cabinet Secretary unlimited powers to make regulations on issuance of Huduma card, Passport, or any other legal identity document and data security of the NIIMS that may be recorded under the NIIMS database.
“This is unconstitutional. The powers to register and issue legal identity documents is bestowed on the Data Commissioner. Not even the President has the powers to do so,” Duale said.
The MP noted that there were many Kenyans who never registered for the Huduma Namba.
“Does this mean that such Kenyans will never access public services? Article 27 of the Constitution provides for equality and freedom from discrimination,” he said.
He warned that the proposed law may negate fundamental rights to the extent that any Kenyan without a Huduma card may be denied access to public services.