Kenya: Maisha Namba: Third-Gen ID Excludes the Historically Marginalised
Published: 5/Dec/2024
Source: The Elephant (Nairobi)
The government must prioritise reforms to address the ongoing discrimination and marginalization of border populations and stateless communities regarding birth registration and the issuance of IDs.
By Fred Nasubo
The implementation of the third-generation ID, also known as the Maisha Namba, has faced criticism for not adequately addressing the identification and registration of historically marginalised groups in Kenya. The initiative is part of a digital identity programme that includes a Unique Personal Identifier (UPI), a Maisha Card, a Digital ID, and a National Population Master Register, which was launched on 1 November 2023.
The UPI is assigned to an individual at birth. This number will become the individual’s ID number at the age of 18 and will remain their ID for life. The Maisha Namba will be the primary means of accessing essential public services, including healthcare, education, and social welfare. The second feature is the Maisha Card, which replaces the traditional physical ID.
This card incorporates enhanced security features, such as a microprocessor electronic chip. The third feature is the Digital ID, which serves as a virtual representation of the physical ID. The Digital ID will be linked to the Maisha Namba and will be used to authenticate an individual’s identity when accessing various services. Lastly, the National Population Master Register will act as a central reference for all data regarding Kenyan citizens and foreign residents.
The programme is viewed as a transformative step that has the potential to streamline identity verification, improve service delivery, enhance governance, and align Kenya with 21st-century digital advancements. However, it is essential to ensure that the transition to a digital ID does not exclude historically marginalised groups – such as border communities and stateless individuals – from the benefits that this initiative aims to provide.
Civil society organisations in Kenya have consistently raised concerns through media briefings and the courts regarding the implementation of third-generation IDs. They are calling for legislative measures to protect data privacy, ensure meaningful public engagement, and prioritise the registration of historically marginalised groups. For example, on 5 December 2023, the High Court issued a ban on the government’s implementation of the Maisha Number. This decision followed a lawsuit filed by Haki na Sheria and the Katiba Institute challenging the constitutionality of the Digital ID ecosystem.
The interim order that had halted the implementation of the Maisha Card was lifted on 26 February 2024. The case was transferred to the constitutional and human rights division of the High Court. While the government was in a hurry to implement the digital ID project, a coalition of civil society organisations swiftly called for a halt to its execution. They expressed concerns about design flaws, issues of exclusion, and the pending court case.
Following another petition by Haki na Sheria, the court intervened and blocked the government from putting into effect the Maisha Card on 26 July 2024. However, the freezing order was eventually lifted on 13 August 2024 by High Court Judge Justice Mugambi. The judge noted that halting the programme negatively impacted over 10,000 individuals who were applying for the card daily.
Read further : https://www.theelephant.info/analysis/2024/12/05/maisha-namba-third-gen-id-excludes-the-historically-marginalised/