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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.
Despite the orders to implement the digital ID, urgent concerns raised by civil society organisations (CSOs) and segments of Kenya’s population need to be addressed. A significant issue is the ongoing discrimination and marginalisation of border populations and stateless communities regarding birth registration and the issuance of IDs. This discrimination profoundly affects the lives of these communities, including Kenyan Somalis, Nubians, and Kenyan Arabs who reside in border and cosmopolitan areas. They often face an unfair and discriminatory vetting process when seeking a birth certificate and national ID. Discrimination consistently infringes upon critical rights, denying individuals access to education, healthcare, employment opportunities, freedom of movement and communication, and the ability to own property, among other important aspects of life.
Members of stateless communities in Kenya also face significant challenges due to their lack of nationality documents. While some individuals from the Pemba, Makonde, and Shona communities were granted citizenship, many did not register or identify as Kenyans during the process. Although this initiative initially showed promise in addressing statelessness in the country, it has since stagnated, lacking documented guidelines and any plans for registering individuals who were excluded from the initial process. This situation represents a profound injustice, as a growing population of stateless individuals of Burundian, Congolese, and Rwandan descent face citizenship discrimination and marginalisation, despite having lived in the country for close to fifty years.
The historical significance of the registration and identification process in Kenya is closely tied to the colonial identity card known as the Kipande. The Kipande system consisted of a piece of paper enclosed in a small metal box that was worn hanging from the neck by adult males aged 16 and older. It served as a symbol of discrimination and had a lasting impact on society. Introduced by the 1915 Native Registration Ordinance (NRO), the Kipande was a tool of exclusion and was not issued to women, who at that time were not considered part of the formal labour market.
In 1947, the Registration of Persons Ordinance replaced the NRO and the Kipande system with an identity booklet known as a passbook. The passbook not only excluded women but also created a distinction between protectorate and non-protectorate persons. In 1978, about 15 years after the country gained its independence, the government amended the NRO to establish the Registration of Persons Act (RPA). This new legislation raised the registration age to 18 and above. Furthermore, the RPA introduced the first-generation ID card, which carried over the colonial practice of excluding women from obtaining identity cards. It was not until 1980, following another amendment to the RPA, that women were finally registered and permitted to hold IDs.
The second-generation ID was introduced in 1995, replacing the first-generation card. Similar to its predecessor, the new ID continued to discriminate against stateless groups and many border and cosmopolitan communities. The legal changes that upgraded the ID from the Kipande to the first and then the second generation did not adequately address the challenges of marginalisation and discrimination faced by these groups. It is important to note that a similar issue is occurring with the implementation of the third-generation ID. While this new ID is praised for its improved features, discrimination remains a persistent problem that requires ongoing attention.
Despite the ID’s enhanced features, the country still seems unprepared to tackle historical injustices related to access to citizenship documents. For example, how will the government ensure that historically marginalised populations are not excluded from services due to a lack of a digital ID and a Universal Personal Identifier (UPI)? What happens to a child from this group who seeks services intended for children but does not have a UPI? Therefore, it is essential that, while adapting to the global changes of the 21st century, government reforms prioritise addressing historical injustices.
A recently published report by Amnesty International, based on research conducted in nine counties across Kenya, aimed to assess technological access, people’s preparedness for Maisha Namba, and overall receptiveness to the changes introduced by the third-generation ID. The findings across these counties indicated low technological and internet access. Specifically, Garissa, Kilifi, and Turkana were highlighted, as they host most historically marginalised populations and stateless communities.
The report further highlights a low level of awareness among participants regarding digital IDs, particularly the Maisha Namba. Most individuals did not have prior knowledge of Maisha Namba, indicating a lack of meaningful, consistent, and widespread public engagement, especially within historically marginalised and discriminated communities. It is essential to emphasise the importance of public participation in these communities, as it plays a crucial role in ensuring that everyone is aware of the impact of Maisha Namba on their lives.
Kenya is not the only country, nor the first, to implement a digital ID system globally. For example, India launched the Aadhaar programme in 2008, which is the most extensive biometric identification system in the world with over 1.2 billion enrolled members. A key feature of Aadhaar is its inclusion of historically marginalised populations by providing them with a unique identification number. This number enables these individuals to access services that were previously unavailable to them, such as healthcare, education, banking, and other benefits. As a result, it has reduced instances of corruption and opened up a world of opportunities and potential for these populations.
In Africa, the Smart Africa Digital Identity (SADI) programme was launched in 2017 as part of a broader initiative that began in 2013 to provide digital IDs to communities that had previously been excluded. The concept of SADI has led to the establishment of a continental programme called the Smart Africa Trust Alliance (SATA), which aims to create a universal digital ID system for the continent. The initial phase of this implementation focused on three countries: Rwanda, Tunisia, and Benin. Through SATA, it is anticipated that all of Africa’s population, including historically marginalised groups, will be included and able to access essential government services such as financial inclusion, healthcare, and education, among others.
As a critical player, Kenya’s government must align itself with the continental goals outlined by SATA and ensure that historically marginalised communities facing challenges in accessing citizenship rights are included in the digital ID programme. This step towards digital inclusivity would reinforce Kenya’s commitment to achieving UN Sustainable Development Goal 16.9, which aims to provide legal identity for all. If barriers to accessing citizenship are not removed, the necessary ICT infrastructure is not established, and awareness of digital programmes among the population remains low, then a digitally inclusive world for these communities will remain an unattainable dream in Kenya.
