, 23 tweets, 9 min read
Currently at the #NIIMS hearing at the constitutional courts in Nairobi
Today is Day 4 of the hearing and is starting with continued cross-examination of witness for respondents Mr. Brian Omwenga by counsel for petitioners Yussuf Bashir @yussufugas
Mr Omwenga agrees that the Kenyan tax payer is a major stakeholder in the #NIIMS system and should have information about the cost and benefits of the system
"As a government expert, have you tendered any evidence about the design and architecture of #NIIMS?" - "No"
Yussuf has concluded his cross examination of the witness. Mr Awele, representing 2nd petitioner @thekhrc begins his cross-examination of Mr Omwenga

His main concerns and questioning will be on #dataprivacy
Mr Awele’s (representing @thekhrc ) cross - examination with Mr Omwenga basing details from his affidavit that he submitted to the court.
#NIIMS #dataprivacy
"I would say #NIIMS is a composite of identification data that had already been collected before" - Mr Awele highlights that the witness's affidavit states that existing systems are partial and disjointed and that therefore new info is collected for #HudumaNamba
"Do we have an existing database or register of biometrics?" - "I think we have many" - "fingerprints and face"

Mr Awele establishes that the definition of biometrics as applied here includes information that has not been previously gathered by #GOK for any system
"Is #NIIMS as conceptualized in existing law appropriate or sufficient to perform the functions for which it has been created?" - Mr Omwenga states that he does not have the relevant knowledge of the legal framework as he, himself is not a lawyer
Mr Omwenga who is the #GOK witness confirms that it is "important to align #NIIMS with existing law and policy"
Mr Omwenga confirms that he recommended the creation of a unique identifier and that this is why his advice on #NIIMS was sought for
"It is your recommendation that systems must be secure, correct?" - "In this particular case, the government has to secure its systems"
"And do you agree that to ensure the data controller is adhering to the standards it would be important to know what steps are taken to provide those levels of security" - "Not really; your implementation plans can be kept secure"

(@thekhrc @NubianRights )
On the possibility of loss of personal data in #NIIMS, @thekhrc counsel asks the witness whether he thinks that the only risk is commercial exploitation - Mr Omwenga affirms that there are also other risks
Mr Omwenga agrees that since "the fact of a law doesn't necessarily stop crime", certain technical standards need to be put in place #NIIMS #HudumaNamba
Mr Awele has concluded his questioning of Mr. Omwenga

The Court is adjourning for an hour and will sit again at 2:30
#NIIMS
The afternoon session of the #NIIMS has begun and the government expert witness Mr Omwenga is re-taking the stand for re-examination by the respondent. Counsel for 2nd & 3rd petitioner begins with the questions
“Was your blood sample taken when you registered for #HudumaNamba?" - "no it was not"
"Are you aware of who wrote the software of #NIIMS?" - "I have absolutely no idea"

(@NubianRights @thekhrc )
Mr Omwenga has concluded his testimony

The Respondent calls the second expert witness Edward Muchemi
The remaining government witnesses are to testify next week
The Court is adjourned until 2nd of October
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