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registration of persons act

Introduction

The Registration of Persons Act (Cap. 107) is a significant piece of legislation in Kenya that governs the registration and identification of persons within the country. This Act mandates the issuance of identity cards to all Kenyan citizens who have attained the age of eighteen years or over. The Act has undergone several amendments to address emerging issues and to streamline the registration process. This document will provide a comprehensive overview of the Registration of Persons Act, its key provisions, and relevant case laws.

Table of Contents

  1. Overview of the Registration of Persons Act

  2. Key Provisions of the Act

    • 2.1 Registration Requirements

    • 2.2 Issuance of Identity Cards

    • 2.3 Amendments and Updates

  3. Relevant Case Laws

    • 3.1 Case Law 1: High Court Ruling on Huduma Namba

    • 3.2 Case Law 2: Succession Cause 263 of 2002

  4. Conclusion

  5. Sources

1. Overview of the Registration of Persons Act

The Registration of Persons Act (Cap. 107) was enacted to provide a legal framework for the registration of persons and the issuance of identity cards in Kenya. The Act ensures that all citizens are registered and issued with identity cards, which serve as proof of identity and citizenship. The Act is administered by the National Registration Bureau (NRB), which is responsible for maintaining a register of all persons to whom the Act applies.

2. Key Provisions of the Act

2.1 Registration Requirements

The Act mandates that all Kenyan citizens who have attained the age of eighteen years must register and be issued with an identity card. The registration process involves the collection of specified particulars from individuals, including:

  • Full name

  • Sex

  • Date of birth

  • Place of birth or residence

  • Occupation

  • Marital status

  • Fingerprints

These details are entered into a central register maintained by the Principal Registrar.

2.2 Issuance of Identity Cards

Upon successful registration, individuals are issued with an identity card, which serves as proof of identity and citizenship. The identity card contains the individual's photograph, registration number, and other relevant details. The Act also provides for the replacement of lost or damaged identity cards and the updating of information in the register.

2.3 Amendments and Updates

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

  • The inclusion of intersex individuals in the registration process.

  • The introduction of the Huduma Namba, a unique identification number for all citizens.

  • The requirement for DNA information to be included in the national registry.

These amendments aim to enhance the accuracy and comprehensiveness of the national registry.

3. Relevant Case Laws

3.1 Case Law 1: High Court Ruling on Huduma Namba

In a landmark judgment delivered on October 14, 2021, the High Court of Kenya declared the proposed national digital ID card (Huduma Card) unconstitutional. The court found that the implementation of the Huduma Namba system violated the right to privacy as enshrined in the Constitution. The judgment emphasized the need for adequate data protection measures before the rollout of the digital ID system.

Relevance: This case highlights the importance of balancing the need for a comprehensive national registry with the protection of individual privacy rights.

Source: Kenya Law

3.2 Case Law 2: Succession Cause 263 of 2002

In this case, the Environment and Land Court held that jurisdiction over land registration matters lies with the Environment and Land Court, as stipulated by the Constitution and relevant statutes. The court emphasized the need for individuals to follow the proper legal channels for land registration and related disputes.

Relevance: This case underscores the importance of adhering to the legal framework for registration and the role of specialized courts in handling registration-related disputes.

Source: Kenya Law

Conclusion

The Registration of Persons Act (Cap. 107) is a crucial piece of legislation that ensures the proper registration and identification of Kenyan citizens. The Act mandates the issuance of identity cards to all citizens who have attained the age of eighteen years and provides a framework for maintaining a comprehensive national registry. The Act has been amended to address emerging issues, such as the inclusion of intersex individuals and the introduction of the Huduma Namba. Relevant case laws highlight the importance of balancing the need for a comprehensive national registry with the protection of individual privacy rights and the role of specialized courts in handling registration-related disputes.

Sources

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