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Introduction

The Registration of Persons Act (Cap 107) is a key piece of legislation in Kenya that governs the registration of persons and the issuance of identity cards. This Act is crucial for the administration of various services and the exercise of rights by citizens. It outlines the procedures, requirements, and responsibilities related to the registration of persons in Kenya.

Overview of the Registration of Persons Act
Key Provisions of the Act
- 2.1 Registration Requirements
- 2.2 Issuance of Identity Cards
- 2.3 Duties and Responsibilities
- 2.4 Offenses and Penalties
Procedures for Registration
- 3.1 Application Process
- 3.2 Verification and Approval
- 3.3 Issuance of Identity Cards
Rights and Obligations of Registered Persons
Amendments and Updates to the Act
Conclusion

1. Overview of the Registration of Persons Act

The Registration of Persons Act (Cap 107) was enacted to provide for the registration of all persons in Kenya and the issuance of identity cards. The Act is administered by the Principal Registrar of Persons, who is responsible for overseeing the registration process and ensuring compliance with the Act.

2. Key Provisions of the Act

2.1 Registration Requirements

Section 5: This section mandates that every Kenyan citizen who has attained the age of 18 years must register and be issued with an identity card.
Section 6: It outlines the information required for registration, including the person's full name, date of birth, place of birth, and other particulars as prescribed by the Principal Registrar.

2.2 Issuance of Identity Cards

Section 8: This section provides for the issuance of identity cards to registered persons. The identity card serves as proof of registration and is required for various legal and administrative purposes.
Section 9: It specifies the form and content of the identity card, including the person's photograph, signature, and other identifying features.

2.3 Duties and Responsibilities

Section 10: This section outlines the duties of the Principal Registrar, including maintaining a register of all registered persons and ensuring the accuracy and security of the information.
Section 11: It specifies the responsibilities of registered persons, including the obligation to report any changes in their particulars and to replace lost or damaged identity cards.

2.4 Offenses and Penalties

Section 14: This section lists the offenses related to the registration of persons, such as providing false information, forging identity cards, and failing to register.
Section 15: It prescribes the penalties for these offenses, which may include fines, imprisonment, or both.

3. Procedures for Registration

3.1 Application Process

Section 6: The application process involves filling out a registration form and providing the required information and documents, such as a birth certificate or other proof of identity.
Section 7: The applicant must submit the completed form and documents to the registration officer in their area of residence.

3.2 Verification and Approval

Section 8: The registration officer verifies the information provided by the applicant and may conduct further investigations if necessary.
Section 9: Upon verification, the registration officer forwards the application to the Principal Registrar for approval.

3.3 Issuance of Identity Cards

Section 10: Once the application is approved, the Principal Registrar issues an identity card to the applicant.
Section 11: The identity card is then delivered to the applicant, who must sign for its receipt.

4. Rights and Obligations of Registered Persons

Section 12: Registered persons have the right to use their identity card as proof of identity for various legal and administrative purposes.
Section 13: They are also obligated to report any changes in their particulars, such as a change of name or address, to the registration officer.

5. Amendments and Updates to the Act

The Registration of Persons Act has been amended several times to address emerging issues and improve the registration process. Notable amendments include:

The Registration of Persons (Amendment) Act, 2018: This amendment introduced the Huduma Namba, a unique identification number for all registered persons, and established the National Integrated Identity Management System (NIIMS).
The Registration of Persons (Amendment) Act, 2020: This amendment further refined the provisions related to the Huduma Namba and NIIMS, including data protection and privacy measures.

Conclusion

The Registration of Persons Act (Cap 107) is a fundamental piece of legislation that ensures the proper registration and identification of persons in Kenya. It provides a comprehensive framework for the registration process, the issuance of identity cards, and the responsibilities of both the authorities and registered persons. The Act has been updated over time to address new challenges and improve the efficiency and security of the registration system. Understanding the provisions of this Act is essential for all Kenyan citizens, as it directly impacts their legal and administrative interactions.