New ID Registration Guidelines Draw Opposition from Civil Rights Groups

Kenyans living in border, cosmopolitan and settlement counties will no longer undergo verification for the issuance of national ID cards as President William Ruto removed the requirement on April 8, 2024.

The process has always required applicants, often Asians, Arabs and Nubians who are not considered “indigenous” communities, to provide proof of Kenyan citizenship in order to be issued identity documents.

Subsequently, on April 29, the Ministry of the Interior published a set of revised guidelines on the issuance of ID cards that have been met with harsh criticism from civil rights organizations and community organizations.

In a joint statement by the Haki Centre, the Nubian Rights Forum, Paranet, Namati Kenya and the Haki na Sheri Initiative, they argue that “the government risks replicating the arbitrary and discretionary nature of vetting in the new guidelines register”.

The new guidelines, which apply only to border and cosmopolitan areas, will see applicants provide proof of name, age and citizenship (either through a birth certificate and parent ID card).

They include:

• All identification (vetting) committees will cease to be effective as of May 1, 2024.
• All applicants for National Identity Card registration must be registered in their home counties or place of permanent residence to facilitate identification. The applicant must present a letter of introduction from the head to confirm his residence.
• Applicants to educational institutions in border areas or communities must present a birth certificate and identity card of the parents. All information must be validated by the head of the institution.
• Registration officials will submit copies of the submitted birth certificates as supporting documents to the local civil registration official for verification and return them within five days.
• Applicants will need to prove their citizenship by providing a parent identification card or a registration certificate proving Kenyan citizenship.
• When parents are deceased, applicants must present a death certificate or identification of a biological relative. They will authenticate the applicant by stamping their left thumb print (LTP) or RTP on the registration form.
• A registration officer will act as a liaison with security agencies to prevent illegal registration. A list of all registered requests will then be submitted weekly to the National Intelligence Services (NIS) and the Directorate of Criminal Investigations (DCI) for due diligence.
• A registration officer will also verify the application by signing and stamping the registration forms provided for in CAP 107 of the constitution.

The organizations now argue that the new guidelines do not address access to identification for millions of Kenyans who currently lack documents “due to the historical injustice of vetting.”

They added that granting such power to security chiefs and agencies such as the DCI and NIS in ID application processes poses a risk in replicating current vetting practices.

To better streamline the ID issuance process, organizations have urged the government to remove all established requirements.

They want to end identity verification and differential treatment of ID applicants in all its forms, ground the ID acquisition process in legislation, and remove discretionary powers to trigger ad hoc investigations or review committees.

“For applicants who submit the required documentary proof of name, age and citizenship, verify the documents free of charge and issue ID cards without delay or additional steps,” they said.

“Implement affirmative action measures to issue identification to all Kenyans, especially those previously excluded from access to documents due to the historical existence of discriminatory investigations.”

They also want an expansion in the number of registration and identification offices, especially in underserved areas of Kenya.