Nubian Rights Forum & 2 others v Attorney-General & 6 others; Child Welfare Society & 8 others(Interested Parties); Centre For Intellectual Property & InformationTechnology(Proposed Amicus Curiae) [2019] KEHC 8192 (KLR)
- Court
- High Court of Kenya
- Case number
- 8192
- Citation
- [2019] KEHC 8192 (KLR)
- Decided
- 1 April 2019
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeConsolidated PetitionsPostureAppeal from the original trial outcomeCoramAs Musinga, Ibrahim, Majanja, Mativo, Odunga, Onguto
Holding
The amendments to the Registration of Persons Act are suspended pending the hearing and determination of the consolidated Petitions.
Facts
The National Assembly enacted the Statute Law (Miscellaneous Amendment) Act No. 18 of 2018, which amended the Registration of Persons Act. The Petitioners sought to suspend the amendments pending the hearing and determination of the Petitions.
Issues
- Whether the amendments to the Registration of Persons Act should be suspended pending the hearing and determination of the Petitions.
- Whether the Respondents should be restrained from installing and implementing the National Integrated Information Management System (NIIMS) pending the hearing and determination of the Petitions.
Reasoning
The Court granted conservatory orders to suspend the amendments to the Registration of Persons Act and to restrain the Respondents from installing and implementing the NIIMS pending the hearing and determination of the Petitions.
Outcome
The amendments to the Registration of Persons Act are suspended pending the hearing and determination of the consolidated Petitions.
Orders
- The definition of 'Global Positioning System co-ordinates' in section 3 of the Registration of Persons Act and the inclusion of 'Global Positioning System co-ordinates' in section 5 (g) of the said Act be and are hereby suspended, pending the hearing and determination of the consolidated Petitions herein.
- The Respondents shall be at liberty to proceed with the collection of personal information and data under the National Integrated Information Management System (NIIMS) pursuant to the operational provisions of the Registration of Persons Act. However, pending the hearing and determination of the Consolidated Petitions, the Respondents shall not: a. Compel any member of the public to participate in the collection of personal information and data in NIIMS. b. Set any time restrictions or deadlines as regards the collection of the said personal information and data in NIIMS. c. Set the collection of personal information and data in NIIMS as a condition precedent for the provision of any Government or public services, or access to any government or public facilities. d. Share or disseminate any of the personal information or data collected in NIIMS with any other national or international government or non-governmental agencies or any person.
Remedies
- Suspension of the amendments to the Registration of Persons Act pending the hearing and determination of the consolidated Petitions.
- Restraint of the Respondents from installing and implementing the National Integrated Information Management System (NIIMS) pending the hearing and determination of the consolidated Petitions.
Authorities cited
Legislation (2)
- Registration of Persons Act Cap 107 Laws of Kenya
- Statute Law (Miscellaneous Amendment) Act No. 18 of 2018
Cases cited (2)
- Board of Management of Uhuru Secondary School v City County Director of Education & 2 Others [2015] eKLR
- Coalition for Reform and Democracy (CORD) & Another v Republic of Kenya & Another [2015] eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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