The Registration of Persons (National Integrated Identity Management System) Rules

Legal Notice 195 of 2020

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Legal Notice 195 of 2020
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Registration of Persons Act
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LAWS OF KENYA

REGISTRATION OF PERSONS ACT

THE REGISTRATION OF PERSONS (NATIONAL INTEGRATED IDENTITY MANAGEMENT SYSTEM) RULES

LEGAL NOTICE 195 OF 2020

  • Published in Kenya Gazette Vol. CXXII—No. 187 on 16 October 2020
  • Commenced on 16 October 2020
  1. [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]

Part I – PRELIMINARY

1. Citation

These Rules may be cited as the Registration of Persons (National Integrated Identity Management System) Rules.

2. Interpretation

In these Rules, unless the context otherwise requires—"Act" means the Registration of Persons Act (Cap. 107);"enrolment" means the process of collecting specified particulars from a resident individual for the purpose of assigning Huduma Namba;"Huduma card" means a digital multipurpose identity card issued to a resident individual;"Huduma Namba" means a unique identification number assigned to a resident individual who has enrolled into the NIIMS;"foundational data" means the basic personal data of a resident individual for attesting the individual's identity and includes biometric data and biographical data;"functional data" means the data of a resident individual created in response to a demand of a particular service or transaction;"NIIMS" means the National Integrated Identity Management System established under section 9A (1) of the Act; and"resident individual" means—
(a)a citizen of Kenya;
(b)a foreign national who has been granted lawful residency in Kenya; or
(c)a refugee registered in accordance with the Refugees Act (Cap. 173).

3. Objects of the Rules

The objects of these Rules are to—
(a)give effect to section 9A of the Act;
(b)provide mechanisms for operation of the NIIMS; and
(c)facilitate the assigning of Huduma Namba and issuance of Huduma card to a resident individual.

Part II – STRUCTURE AND COMPONENT OF NIIMS

4. NIIMS Component

The National Integrated Identity Management Systems shall consist of the—
(a)NIIMS database;
(b)Huduma Namba; and
(c)Huduma Card.

5. NIIMS Database

The NIIMS database—
(a)is an integrated digital population register of resident individuals enrolled under the Act;
(b)shall operate as the primary source of foundational data for every enrolled resident individual; and
(c)shall contain—
(i)foundational data specified under section 5(1) of the Act; and
(ii)functional data generated and linked by any agency responsible for a function requiring the use of the Huduma Namba.

6. Functions of NIIMS databse

Pursuant to section 9A(2) of the Act, the NIIMS database shall—
(a)enable use of biometric data to identify an enrolled resident individual;
(b)facilitate use of data under the NIIMS database to—
(i)assign the Huduma Namba;
(ii)issue the Huduma card;
(iii)issue a passport; and
(iv)support access and issuance of electronically generated copies of identity documents.

7. Huduma Namba

The Huduma Namba is a unique and permanent personal identification number randomly assigned to a resident individual enrolled into the NIIMS.

8. Huduma Card

(1)The Huduma card shall on its face contain the Huduma Namba and particulars provided for under section 9(2) of the Act.
(2)The types of Huduma card that may be issued under these Rules include the—
(a)minors' Huduma card, issued to a child who has attained the age of six years;
(b)adults' Huduma card, issued to a citizen who has attained the age of eighteen years;
(c)foreign national's Huduma card, issued to a foreign national; or
(d)Refugees' Huduma card, issued to a refugee.

9. Proof of Identity

For the purpose of establishing proof of identity, the presentation of the Huduma card or the Huduma Namba authenticated by biometrics constitutes sufficient proof.

10. Primary source of foundational data

Any Government agency requiring personal particulars of an individual shall, at the first instance, rely on the NIIMS database to authenticate the foundational data of an enrolled resident individual.

Part III – ENROLMENT INTO NIIMS

11. Enrolment of adults

An adult resident individual seeking to enrol into the NIIMS shall—
(a)appear in person before a designated registration officer;
(b)provide particulars specified under section 5(1) of the Act by filling in the data capture Form HN 1 set out in the Schedule; and
(c)avail any other documentary proof as may be required.

12. Enrolment of minors

(1)A child may be enrolled into the NIIMS by appearing before a designated registration officer accompanied by a parent or a guardian.
(2)For the purposes of updating particulars, a parent or a guardian of a child shall cause the child to appear before a designated registration officer and shall —
(a)present documents in support of the age and citizenship of the child; and
(b)consent to the taking of the required particulars by embossing a thumb print or a signature on the enrolment form.
(3)A child shall be enrolled into the NIIMS immediately after the registration of a birth.

13. Assigning Huduma Namba

(1)The Principal Secretary shall, upon examining the information provided by the applicant—
(a)assign a Huduma Namba to the individual within thirty days of application; and
(b)notify the individual of the successful enrolment.
(2)Where an application for enrolment is declined, the Principal Secretary shall within seven days of that decision being made, communicate in writing to the applicant and provide—
(a)the reasons for such decision; and
(b)right of review available to the applicant.

14. Issuance of Huduma card

(1)The Huduma card shall be issued to an individual who has been assigned a Huduma Namba within thirty days from the date of such assignment.
(2)Despite paragraph (1), a child is only eligible to be issued with a Huduma card upon—
(a)attaining the age of six years; and
(b)updating the required biometric data and other particulars specified under rule 15.
(3)The initial issue of the Huduma card to a citizen is free of charge.
(4)An individual whose Huduma card is lost, worn out, or tampered with shall apply for a replacement upon payment of such fees, as may be specified by the Cabinet Secretary in the Gazette.
(5)A replacement envisaged under paragraph (4) shall be issued within fourteen days from the date of application specified under paragraph (4).

15. Update of particulars

(1)An enrolled resident individual may update their particulars under NIIMS by notifying a designated registration officer, by filling in the Change of Particulars Form HN 2 set out in the Schedule.
(2)Upon the receipt of a notification of change of particulars under paragraph (1), the designated registration officer shall verify the information provided and update the NIIMS database without delay.
(3)The particulars of a child captured after registration of a birth shall, on application by the parent or guardian, be updated under the NIIMS upon the child attaining the age of six years.
(4)Where a request to update particulars is declined, a designated registration officer shall within seven days of such decision—
(a)inform the applicant in writing, setting out reasons for the decision; and
(b)inform the applicant of the right of review or appeal.

16. Production of Identity documents

Any government entity involved in the production of any document outlined under section 9A(2)(d) of the Act shall rely on foundational data under the NIIMS database.

17. Application of the Data Protection Act (Cap. 411C)

The provisions of the Data Protection Act (Cap. 411C) shall apply to the processing of personal data under the Act and these Rules.

18. NIIMS Linkages

A government agency that relies on foundational data of resident individuals to deliver a public service may be linked to the NIIMS database in a manner that enables the agency to—
(a)authenticate personal data in their possession with NIIMS database; and
(b)transmit, access or retrieve foundational data necessary for proper discharge of the agency's functions.

SCHEDULE [r. 11(b)]

FORMS

FORM HN 1 - DATA CAPTURE FORM

REPUBLIC OF KENYA
REGISTRATION OF PERSONS ACT
REGISTRATION OF PERSONS (NATIONAL INTEGRATED IDENTITY MANAGEMENT SYSTEM) RULES, 2020
CHANGE OF PARTICULARS FORM
Note:
1. Affidavits or other documentary evidence as applicable in support of the request may be attached.2. If the space provided for in this Form is inadequate, submit information as an Annexure to this Form and sign each page.3. Where a person other than the data subject makes a request for rectification, the person making the request must attach proof of authority to act on behalf of the data subject.4. On receipt of a duly filled form, you will receive a response within three working days.
 
SECTION 3: PROPOSED CHANGE (S)
 Personal Information currently on file to becorrected e.g. name, residential status, andmobile number, email address.The proposedchangeReason for theproposedchange
1.   
2.   
3.   
4.   
5.   
6.   
7.   
SECTION 4: DECLARATIONPlease note that any attempt to gain access to personal information through misrepresentation may result in prosecution.DOCUMENT CHECKLIST:I have provided:(a) A duly completed request form.(b) Attached document(s), including proof of authorization (if applicable).(c) Signed and dated the request form.
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31 December 2022 this version
16 October 2020
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