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Why Huduma Namba Applicants Risk 3-year Jail Sentence Or Ksh 3 Million Fine

People who provide incorrect information about themselves during the Huduma Namba registration process risk being sentenced to prison. Those who provide incorrect information about themselves or make fraudulent claims for Huduma Namba registration face a Ksh3 million fine or three years in prison, according to a proposed Huduma Namba Bill, 2021.


The measure aims to prevent the misuse of personal information such as names, dates of birth, postcodes, and addresses.

"Any person who unlawfully edits or modifies any information available on the Huduma card, unlawfully makes, produces, prints, designs, or distributes a Huduma card, or authorizes unauthorised use of their Huduma card by another person," the bill states in part.

This involves falsifying paperwork in order to get access to the National Integrated Identity Management (NIIMS) database, as well as impersonating another individual by submitting fraudulent biometric data.

 

The Huduma Namba Bill 2021 defines foundational data as an individual's full name, date of birth, place of birth, gender, image, and biometric data. It also restricts the sharing and publication of the information. Individuals who are detected exposing, transmitting, or disseminating data gathered during registration, whether knowingly or accidentally, will face legal consequences. They face a five-year prison sentence or a fine of Ksh5 million if convicted.


The Huduma Namba rollout was found unconstitutional by the High Court in October. Nonetheless, the Data Protection Act will be incorporated into the processing of personal data under the new bill. Furthermore, a number of vital government organizations that supply critical services to Kenyans may be shuttered soon. The law recommends that the Interior Principal Secretary's desk be equipped with a database that includes vital functions.

The proposed law calls for the creation of a database for the National Integrated Identity Management System, which will lead to the creation of Huduma Namba and Huduma Card.

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