Opinion: Another failure called Huduma Namba

“The high court in Kenya declared that the rollout of Huduma Namba is illegal. The government of Kenya failed to undertake a Data Protection Impact Assessment before rolling out the digital ID system as required by Kenya’s Data Protection Act, 2019” (Unwanted Witness, 14.10.2021).

The Jubilee government and President Uhuru Kenyatta have failed again. This isn’t the first case of government policies not being legally rolled-out. The same happened to Building Bridges Initiative (BBI), minimum taxes, the lack of appointing judges, illegal operation of Nairobi Metropolitan Service and the Chief Administrative Officer (CAS). All of these policies and government work has been dismissed in the Courts. So, this government haven’t a good track-record.

So, not shocking…

“The government will appeal the high court ruling that invalidated Huduma namba rollout. Interior Cabinet Secretary Dr. Fred Matiang’i argued that the court verdict was based on the wrong interpretation of the essence and practical intentions of Huduma Namba” (Iftiin FM Kenya, 15.10.2021).

The Jubilee really wants this to happen. As the roll-out has so far reached 11.2 million Huduma Numba Cards been processed, only 6.5 million cards collected. This means a bit over half of the cards has been picked by the citizens. The 2019 law is clearly not legal and the usage of it is questionable at best.

“Only 6.5 million Huduma Namba cards collected from the 11.2 million processed, gov’t Spokesman Cyrus Oguna says distribution ongoing” (Radio Citizens, 13.10.2021).

Huduma Numba is a restrictive and was done with a foreign entity called Mastercard, which described it like this: “Nairobi, Kenya – February 7, 2017 – Mastercard commits to supporting the roll-out of the Huduma Card in Kenya as the technology partner of choice for the local government organisation. The secure payment solution supports Kenya’s Vision 2030 that calls for reforms in public services to enhance accountability, transparency and efficient service delivery, with focus on developing a cashless economy” (Mastercard, 2017).

So, here they are speaking of cashless society and that’s a banking services. While the same card is supposed to enhance the public services too. That is two different types of customer-bases and should be separated. This is not good for the data collected for the state and can be used by the Mastercard company.

The Huduma Namba card had to be used to access any sort of government service. If you need a passport, marriage license, driving license, register to vote, paying taxes, register a phone number, open a bank account, register company or organization, benefit from a government scheme, enrol to public educational facility, register a motor vehicle and other public services. This shows how the card was the identification every citizen needed. They were forced to have this card, as they wouldn’t have access or ability to get help from the government.

The state should just scrap this one and be careful with the data collected. Also, ensure Mastercard does the right thing and hopefully it isn’t in a loophole of technical data storage. As the international card company cannot have this massive power and monopoly on all customer data. Which they are getting with this Huduma Numba scheme.

A card that opens all the gates of government, but also to create a cashless society. That says it all about the different plans from Jubille and what Mastercard wants out of it. This is two very different plans and it should have been stopped before the citizens was signing up. They were forced … and had no other option. Because, if they didn’t sign-up they would loose out and wouldn’t have access to government entities and schemes. That should worry everyone.

Alas, we know this isn’t over and will be prolonged as the state will appeal the verdict. While the courts should also consider compensation for the burden and time the citizens had to use to get the card. Mastercard should also state what sort of arrangement they have with the Ministry of Interior and how they dissolve this agreement. Peace.

The crazy and mandatory exercise called the Huduma Bill of 2019!

Here we are, at this moment and time, where the Jubilee government, where the Kenyatta administration has no issues to launch a bill so draconian. That the state are forgetting their role for the citizens in their drive to pursuit the registration of all with Huduma Numba.

As the bill states: “AN ACT of Parliament to establish the National Integrated Identity Management System; to promote efficient delivery of public services; to consolidate and harmonise the law on registration of persons;to facilitate assigning of Huduma Namba and issuance of identity documents;to facilitate registration of births and deaths;and for connected purposes” (The Huduma Bill, 2019).

This sounds legit, but at the same time, the registration for these reasons should already be in other parts of the legislation. Not for a NIMS or Huduma Namba but for a commercial ideal, which is an agreement between Mastercard and the Government of Kenya.

As explained here: “Nairobi, Kenya – February 7, 2017 – Mastercard commits to supporting the roll-out of the Huduma Card in Kenya as the technology partner of choice for the local government organisation. The secure payment solution supports Kenya’s Vision 2030 that calls for reforms in public services to enhance accountability, transparency and efficient service delivery, with focus on developing a cashless economy. The Huduma Card is a prepaid card with chip and PIN technology that will connect all Kenyans to the formal financial sector by providing a secure, reliable and flexible payment option. The Huduma Card, powered by Mastercard, is currently being issued by Commercial Bank of Africa (CBA), Diamond Trust Bank (DTB), Equity Bank and Kenya Commercial Bank (KCB), with no bank charges being allocated to citizens when registering for the smart card” (Mastercard, 2017).

Clearly, this should be a voluntary exercise, as the commercial aspect of this shouldn’t make this mandatory. However, with this law, they are really showing no regard for the public. As they are not asking people to accept a commercial agreement with Mastercard, but doing it mandatory.

As stated in the law here:

“8.(1) Every resident individual shall have a mandatory obligation to present theHudumaNambain order to—

(a)be issued with a passport;

(b)apply for a driving licence;

(c)register a mobile phone number;

(d)register as a voter;

(e)pay taxes;

(f)transaction the financial markets;

(g)open a bank account;

(h)register a company or a public benefit organisation;

(i)transfer or make any dealings in land;

(j)register for electricity connection;

(k)access universal health care services;

(l)benefit from the government housing scheme;

(m)register a marriage;

(n)enrol into a public educational facility;

(o)access social protection services;

(p)register or transfer a motor vehicle; or

(q)any other specified public service” (The Huduma Bill, 2019).

As you see from this, most of the state services are bound by having the Huduma Numba and the Mastercard connected to it. If you don’t have it, you are not getting access to government services. They have even more of them too, even passports:

“(2)The requirements for applying or replacing a Passport are—

(a) Huduma Namba;and

(b)prescribed fee” (The Huduma Bill, 2019)

So, by this state, even passing by a road-block, the Police Officers needs to see your Huduma Numba to let you pass by. To prove that your not a felon, but an innocent citizen.

To top this off, the legislators plans to sanctions the ones who doesn’t want to comply to this: “48.A person who carries out or permits the carrying out of any transaction specified in section 8 without a Huduma Namba commits an offence” (The Huduma Bill, 2019).

It is actually an felony to not comply with previous part of law. They are not only stopping people from getting government services if they don’t have the Huduma Numba and Card made by the Mastercard, but also making it a felony not to register it properly.

The giant lie of this bill, is this sentence in the ending of it:

“The Bill does not limit any fundamental right or freedoms” (The Huduma Bill, 2019).

Well, if you cannot access any of the government functions or get the needed services because of not having the Huduma Namba and Huduma Card, than your kind of limiting the fundamental rights or freedoms. The liberty of the person is taken away, as they got to do this. This is taking away people’s freedom, to put them into a government scheme, as they have signed off together with Mastercard. They could have done this with VISA and it would have been the same issue, even for Gods sake, American Express.

So, when CS Fred Matiang’i wrote that this bill doesn’t limit any fundamental righ or freedoms of its citizens. I believe he was high or drunk, because he couldn’t write that with a clear mind. Unless, his heartless and doesn’t understand the basic components of the bill. You don’t need to be a legal scholar to get the gist here. Peace.

Kilifi Governor Kingi before EACC (Youtube-Clip)

“Kilifi Governor Amason Kingi is at this hour being interrogated by the ethics and anti-corruption officials over claims of embezzlement of millions of shillings of public funds in his county. Kingi who arrived at the integrity centre an hour ago is accompanied by a host of ODM leaders and is expected to shed light on the spending of 51 million shillings in unexplained expenditure as well as 308 million shillings meant to acquire an 11 acre land for a bus park in Kilifi. Sam Gituku is at the integrity centre and Sam, what should we expect from the grilling session?” (Kenya Citizen TV, 2016)

Kenya: Kilifi County Govt has filed civil cases against 5 companies that stole 51M from county’s CBK accounts. Case to be heard on 1st December

Kenya: the rain-drops from the Corrupt Officials turns into a River of Corruption Cases; showing some recent cases of 2016!

“Corruption cannot be tackled from the top, it has to be confronted from the grassroots” – John Githongo.

Kenyan Government might not like it or trying to deflect it, but here certainly a sorry state when it comes to corruption, graft and embezzlement. If it is either getting a better business deal, paying local council-men for having a shop or being a hawker, paying police officers while passing through a district, getting help by government officials and other buying services from officials like judges and Land-Commissions to get ahead of competitions.

This here is a national problem, but many of the Government Officials and Ministers are involved so the Jubliee Government do not want to be too strong against it; if it is then one of their own have to jump on the sword and lose their job. I think they have learned from Mwai Kibaki’s government and how the Corruption made them eat and let the ethical procedures fly out the window.

I will here show the cases that have come since Januar 2016. And this is not all I presume, this is reports and probes of corruption and grafts in Kenya. There are lots of them and the amount of people says how big the picture is and how big the scope of corruption is; there have to be a general cleaning, but then the Government Officials and the codes of conduct have to be taken from streets to the Parliament. But when Kanjo Kingdom documentaries shows how the certain county cars drives around and pocket money from traders an hawkers in Nairobi as they have target funds to get each week. This proves the levels and stages of corruption. There are viable and visible, and as long as county officials in the capital can get away with having open corruption and trading tax that is not deducted through their financial statement. Then it proves that the re-vamp have to happen from the Grassroot as Hon. Githongo says and I abide by, but the precedence have to be set by the Deputy President Ruto and the President Kenyatta!

Here are the cases and probes.  

State House Kenya

200 State Officials needed clearance:

“Close to 200 people on the List of Shame President Uhuru Kenyatta handed to Parliament last year have been charged with corruption and abuse of office” (…)”A confidential report by the Ethics and Anti-Corruption Commission (EACC) shows all cases have been investigated and action taken on at least 61 per cent of them” (…)”The status report says some suspects have been taken to court while others have had their cases referred back to EACC for further investigations” (Gicobi, 2016).

Deputy President William Ruto and his Wife; Rachel Ruto dined VISA to the US:

“The first lady who was to be accompanied with the DP’s wife Rachel Ruto traveled alone due to her (Rachel) being denied a Visa by the USA embassy” (…)”According to reliable source, Rachel was denied Visa following allegations that her banking initiative had extorted donor funds” (…)”Recently, it was revealed that Deputy President was banned from traveling to the United States, however,  it looks like his whole family was too after his wife Rachel became the first to be denied a Visa” (…)”Ruto’s involvement in almost all corruption cases might also be the reason why Rachel was denied a US Visa” (Bironga, 2016).

Tunoi Probe:

“Supreme Court Judge Phllip Tunoi sought to discredit his accuser in the Sh 200 million bribery saga as he fought off allegations that could bring down his career and those of several colleagues.  Appearing before a committee probing the allegations Tunoi said an affidavit implicating him was possibly drawn by judiciary staff in an elaborate plot to end his career. As Francis Gachuri now reports Tunoi’s accuser Geoffrey Kiplagat also appeared before the committee that has until Wednesday to submit its findings” (Kenya Citizen TV, 2016).

Nike Probe:

“Under its terms, the athletics company would pay the Kenyan athletics federation $100,000 in honorariums each year and a one-time payment of $500,000, which was referred to as a “commitment bonus.” The New York Times reports that the bonus was immediately withdrawn by Kenyan officials and kept off the books” (…)”Nike conducts its business with integrity and expects that our partners do the same,” Nike told Fortune in a statement (Addady, 2016).

Bank’s Probe:

“Several banks are under investigations after a major tax evasion ring was busted at a border entry point. The racket, said to cost the government over Sh120 million in unpaid import duties at Namanga border post, comes barely a month after a similar incident was discovered at the Port of Mombasa” (…)”Two Equity Bank staff members and an unnamed number of the Kenya Revenue Authority (KRA) personnel allegedly aided traders at the Namanga border post to import goods without paying duty, depriving the country revenue of more than Sh100 million” (…)”Nairobi-based financial analyst Aly Khan Satchu said the recent edict from the Central Bank where customers will need to clearly explain cash deposits and withdrawals of at least Sh1 million is welcomed. He said if the rules are enforced to the letter, corruption cartels would be dealt a blow” (…)“It’s clear that banks have a duty of care in this regard. If this new regulation is implemented without fear or favour then I am sure the deluge of ill-gotten proceeds going through the system will come to an abrupt stop. It seems to me it is no longer a question of rules and regulations, it is now a question of enforcement, pure and simple,” said Mr Satchu” (Ngungi, 2016).

King of Graft – Jimmy Mutuku Kiamba:

“A former Nairobi County chief finance officer amassed Sh800 million in cash, motor vehicles, buildings and land, which the government is now seeking to recover” (…)”Mr Jimmy Mutuku Kiamba’s wealth is half of the Sh1.6 billion that President Uhuru Kenyatta announced in his State of the Nation address that the government intends to seize” (Mwakilishi, 2016).

State of Jersey Confiscate Money:

“On 24 February 2016, Windward Trading Limited, a Jersey registered company, pleaded guilty to four counts of money laundering before the Royal Court of Jersey.  The Royal Court imposed a confiscation order of £3,281,897.40 and US$540,330.69, thereby stripping the company of all its assets” (…)”Windward admitted to laundering the proceeds of corruption between 29 July 1999 and 19 October 2001. The corrupt activities took place in Kenya where Windward’s beneficial owner, Samuel Gichuru, is resident. During the period on the indictment, Mr Gichuru was also the Chief Executive of Kenya Power and Lighting Company [KPLC], the Kenyan government’s electricity utility company. KPLC awarded valuable contracts to a number of engineering and energy companies worldwide who all made corrupt payments to Windward. The confiscation order provides an indication as to the scale of the criminal conduct that took place” (State of Jersey, 2016).

Afterthought:

This here shows the scope and reach of it. I don’t need to spell it out. It is clear as water. The rain-drops is becoming so much that they are creating a river in the valley; the same is happening with the corruption. There little rain-drops, but they all create a river and the water touches all parts of society. Time to put the kettle on and heat-up some water, because with all this eaten government funds and shady deals we need some sweet tea; Peace.

Reference:

Addady, Michael – ‘Nike Is at the Center of a Kenyan Corruption Probe’ (16.03.2016) link: http://fortune.com/2016/03/06/nike-kenya-corruption/

Bironga, Huldah – ‘CORRUPTION AT ITS PEAK; Ruto’s wife denied VISA by the USA for corruption linked allegation’ (24.03.2016) link: http://waza.co.ke/corruption-at-its-peak-rutos-wife-denied-visa-by-the-usa-for-corruption-linked-allegation/

Gicobi, Maryanne – ‘Kenya: 200 On Uhuru List Charged With Graft’ (15.02.2016) link: http://allafrica.com/stories/201602150294.html

Mwakilishi – ‘King of Graft Jimmy Mutuku Kiamba to Lose Sh800 Million Loot’ (01.04.2016) link: http://www.mwakilishi.com/content/articles/2016/04/01/king-of-graft-jimmy-mutuku-kiamba-to-lose-sh800-million-loot.html

Ngungi, Brian – ‘Kenya: Banks Under Probe Over Link to ‘Dirty Money’’ (28.03.2016) link: http://allafrica.com/stories/201603310135.html

State of Jersey (U.S.A.) – ‘Jersey confiscates £3.6 million proceeds of corruption’ (25.02.2016) link: http://www.gov.je/News/2016/Pages/Jersey-Confiscates-Proceeds-of-Corruption.aspx