The #HudumaNamba Case Appeal: A Thread 

In January, the High Court stopped the implementation of #NIIMS

The government can only move on #HudumaNamba *after* a comprehensive regulatory framework is in place to address exclusion & data privacy Image
The court was clear: even processing and using the data collected needed the regulatory framework first

It's not yet in place

(Yet PS Kibicho said millions of #HudumaNamba records have been cleaned & matched - a clear violation) Image
The #HudumaNamba judgement highlights risks to #privacy, data protection, and inclusion & struck out use of DNA & GPS - a significant win for the rights of all Kenyans

But other aspects of the judgement must be challenged to ensure stronger #humanrights protections
In February 2020, Nubian Rights Forum filed an appeal at the Court of Appeal against the #HudumaNamba judgement

Our appeal is on the basis of three main issues: system design, #discrimination, & the misc. amendments procedure

#digitalID #digitalidentity
1. System design:

The court determined that it was incapable of making a decision on whether the *design* of #NIIMS was unconstitutional - including how the design may impact the right to privacy, the right to equality, or other Constitutional rights

This is despite our compelling and credible expert evidence that #NIIMS was requiring too much information which would be stored in a central database, raising significant risks to privacy and of #surveillance

#HudumaNamba #DataProtectionKE Image
2. Discrimination: The court found that #HudumaNamba could exclude "whole segments of the Kenyan population"

But it was not clear on the systemic discrimination faced by the Nubian community and million of other Kenyans in their attempts to acquire ID cards
Without addressing past and current discrimination in Kenya's identification system, #HudumaNamba will remain exclusionary

@NGECKenya @acerwc @court_afchpr…
3. Use of Miscellaneous Amendments Bill: The court found as long as #publicparticipation was done, a Misc. Statute can make substantive changes to the law

This contradicts many judgments that found Misc. Statute is only for minor changes to the law

#HudumaNamba @lawsocietykenya
We cannot allow this precedent to stand 

The amendments that created #NIIMS made fundamental changes to Kenya's entire system of registration and #identification - touching almost all areas of our lives

#HudumaNamba #DigitalID
We also take issue with the finding that there was adequate public participation in the creation of #NIIMS
See our original press release on the #HudumaNamba appeal here

We are waiting for a court date for the #HudumaNamba appeal

COVID & delayed appointment of court of appeals judges has caused disruption to many judicial processes Image
More updates to come

In the meantime: tell everyone you know about the #HudumaNamba judgement, the appeal, & the need to make our voices heard before the regulations & #NIIMS become a reality

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More from @NubianRights

29 Sep
To open our discussion;

What is Huduma Namba?
Where does the system stand now?
@HeraldingDevel2 @GlobalNamati @Haki_na_Sheria @thekhrc @HakiCentre

#Hudumanambachat #HudumanambaChat
Question 2:

What is the status of those who couldnt register either willingly, or due to lack of documentation?

Question 3:
With centralization and digitalization of personal identification data, what safeguards will make you comfortable with Huduma Namba

Read 10 tweets
7 Aug
Currently on going: community forum in Kisii
The quest for awareness creation on citizenship and governance continues while respecting government stipulated #COVID19 guidelines
#Governance #governanceke Image
Challenges faced by community members in Kisii
1- To get ID cards the community has to reach a quorum of 10 applicants. A challenging number to hit due to their small population. It can take up to a year or two to reach the quorum.
2- Marriage certificate issuance is also an issue since the community does not have a Kadhi's court in kisii. They are forced to travel to homabay to get these services
Read 5 tweets
30 Jul
Leaving in Kenya without an ID card is as good as a death sentence.
Watch our documentary below on the issue of issuance of ID cards to persons at risk of statelessness
@InteriorKE #HudumaNamba
An individual must present an I.D whenever requesting social services or making transactions.
Lack of ID limits the ability of youth to make a living within and outside the country
Our documentary highlights challenges the nubian community faces following the inconsiderate process of attaining fundamental national documents
#Statelessness #ukweli #IdentityandCitizenship
Read 4 tweets
1 Jun
Then Nubian rights forum would like to wish all kenyans a Happy Madaraka Day.
While we celebrate madaraka, we cannot pretend that it is a happy day. Not when the state of the nation is no different from the colonial days.
#NotYetUhuru #notyetmadaraka
#aThread #MadarakaDay Image
There is no madaraka when #policebrutalityke is on the rise in select areas in the country during curfew hours under the silent watch of those in command like @NPSOfficial_KE @FredMatiangi @JBoinnet
Elite areas have movement with no cases of injustice.
#JusticeForSamuelMaina Image
There is no madaraka when kenyans are stripped of their dignity and denied to bury their loved ones while those priviledged in the country get decent send offs because somehow, government directives only apply to common mwananchi
What makes us different?
#EndPoliceBrutalityKE Image
Read 7 tweets
18 May
Residents in Ruai and Kariobangi were shocked waking up to demolitions on what is alleged to be disputed land.
The problem is the demolitions occuring during a pandemic with no way forward for residents.
@grawinet #thoughts
#RuaiInhumaneEvictions #KariobangiEviction #COVID19 Image
The demolitions are wrong on grounds that currently we are battling a pandemic. Leaving citizens unhabited contradicts all directives of social distancing, and staying at home. It also increases risk of exposure of persons in the community to #COVID19 Image
While the courts had asked for status quo to be maintained till an official decision was made, the state in contempt of the court ruling carried out the demolitions overnight with no directives on what's to happen to citizens.
Going against court directives is not new in Kenya.
Read 6 tweets
11 May
Today we ask, while you are indoors because of the curfew, how safe are you from #insecurity #Hunger #Police
We recently received complains from residents in Lindi in Kibera on tear gas cannisters being thrown into compounds without provocation
Whats your story?
Curfew implementation was meant to contain the spread of #COVID19 but the same measures are putting people in informal settlement at risk of their rights being violated. There are cases of #PoliceBrutality #insecurity and #hunger on the rise.
#halimtaani Image
We have had complains from people claiming harrassment and extortion in the night even when they are exempted from curfew as essential persons.
Some who tried to report these incidences were denied access to services in police stations
Read 8 tweets

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