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The Registration of Persons Act, Cap. 107, is a Kenyan law that provides for the mandatory identification, registration, and issuance of identity cards to all Kenyan citizens who have attained the age of eighteen years or over. The Act also outlines the process for registering births and deaths, as well as the procedures for changing one's name.

Introduction
Purpose of the Act
Key Provisions of the Act
Registration of Persons
Issuance of Identity Cards
Registration of Births and Deaths
Change of Name
Case Laws
Conclusion

Introduction

The Registration of Persons Act, Cap. 107, is a fundamental piece of legislation in Kenya that governs the identification and registration of its citizens. It was enacted in 1947 and has been amended several times to reflect the changing needs of the country. The Act is crucial for maintaining a reliable and accurate record of Kenyan citizens, which is essential for various purposes, including voting, accessing government services, and establishing identity.

Purpose of the Act

The primary purpose of the Registration of Persons Act is to:

Provide for the registration of all persons who are citizens of Kenya. This ensures that there is a comprehensive record of all Kenyan citizens, which is essential for various purposes, such as planning, policymaking, and national security.
Issue identity cards to all registered persons. Identity cards are a crucial form of identification that allows individuals to prove their identity and access various services.
Provide for the registration of births and deaths. This ensures that there is a reliable record of births and deaths, which is essential for statistical purposes and for legal matters such as inheritance.
Provide for the change of name. The Act outlines the procedures for changing one's name, which is important for individuals who wish to change their name for personal or legal reasons.

Key Provisions of the Act

The Registration of Persons Act contains several key provisions, including:

Definition of "person": The Act defines a "person" as any individual who is a citizen of Kenya and has attained the age of eighteen years or over.
Registration of persons: The Act requires all persons who are citizens of Kenya to register with the Department of National Registration Bureau (NRB).
Issuance of identity cards: The Act mandates the NRB to issue identity cards to all registered persons.
Registration of births and deaths: The Act requires the registration of all births and deaths that occur in Kenya.
Change of name: The Act outlines the procedures for changing one's name, which includes obtaining a court order and notifying the NRB.

Registration of Persons

The Registration of Persons Act requires all Kenyan citizens who have attained the age of eighteen years or over to register with the NRB. The registration process involves providing personal information, such as name, date of birth, place of birth, and address. The NRB also collects biometric data, such as fingerprints and photographs, to ensure the accuracy and security of the registration process.

Issuance of Identity Cards

Once a person is registered with the NRB, they are issued an identity card. The identity card serves as proof of identity and is required for various purposes, such as voting, accessing government services, and opening bank accounts. The identity card contains the individual's name, photograph, date of birth, and a unique identification number.

Registration of Births and Deaths

The Registration of Persons Act also requires the registration of all births and deaths that occur in Kenya. The registration of births is typically done by the parents or guardians of the newborn child, while the registration of deaths is usually done by the next of kin. The registration of births and deaths is essential for maintaining accurate records and for legal purposes, such as inheritance.

Change of Name

The Registration of Persons Act allows individuals to change their names, but the process requires obtaining a court order. The court will only grant a change of name if it is satisfied that there are valid reasons for the change, such as marriage, divorce, or adoption. Once a court order is obtained, the individual must notify the NRB of the name change.

Case Laws

Several case laws have been decided in Kenya that relate to the Registration of Persons Act. These cases provide valuable insights into the interpretation and application of the Act.

Republic v. The Registrar of Persons & Another [2019] eKLR

This case involved a challenge to the constitutionality of the Huduma Namba, a national digital identity card that was being introduced by the Kenyan government. The High Court ruled that the Huduma Namba was unconstitutional because it violated the right to privacy and the right to freedom of expression. The court also found that the government had not adequately consulted with the public before introducing the Huduma Namba.
- Parties: The petitioner was the Republic of Kenya, and the respondents were the Registrar of Persons and the Attorney General.
- Outcome: The High Court ruled that the Huduma Namba was unconstitutional and ordered the government to stop its implementation.
Republic v. The Registrar of Persons & Another [2021] eKLR

This case involved a challenge to the constitutionality of the Registration of Persons (National Integrated Identity Management System) Regulations, 2020. The regulations were designed to implement the Huduma Namba system. The High Court ruled that the regulations were unconstitutional because they violated the right to privacy and the right to freedom of expression. The court also found that the government had not adequately consulted with the public before introducing the regulations.
- Parties: The petitioner was the Republic of Kenya, and the respondents were the Registrar of Persons and the Attorney General.
- Outcome: The High Court ruled that the regulations were unconstitutional and ordered the government to stop their implementation.
Republic v. The Registrar of Persons & Another [2022] eKLR

This case involved a challenge to the constitutionality of the Registration of Persons (Amendment) Rules, 2024. The rules were designed to amend the Registration of Persons Act to allow for the collection of DNA data. The High Court ruled that the rules were unconstitutional because they violated the right to privacy and the right to freedom of expression. The court also found that the government had not adequately consulted with the public before introducing the rules.
- Parties: The petitioner was the Republic of Kenya, and the respondents were the Registrar of Persons and the Attorney General.
- Outcome: The High Court ruled that the rules were unconstitutional and ordered the government to stop their implementation.

Conclusion

The Registration of Persons Act is a crucial piece of legislation in Kenya that governs the identification and registration of its citizens. The Act is essential for maintaining a reliable and accurate record of Kenyan citizens, which is essential for various purposes, including voting, accessing government services, and establishing identity. The Act has been amended several times to reflect the changing needs of the country, and it is likely to continue to evolve in the future.

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