Report On Consideration Of The Registration Of Persons (amendment) Bill, 2025

REPUBLICOFKENYA

THENATIONALASSEMBLY

THIRTEENTHPARLIAMENT-FIFTHSESSION-2026

DEPARTMENTALCOMMITTEEONADMINISTRATIONANDINTERNAL SECURITY

REPORTON:-

CONSIDERATIONOFTHEREGISTRATIONOFPERSONS(AMENDMENT) BILL(NATIONALASSEMBLYBILLNO.52OF2025)CO-SPONSOREDBYHON. CAROLIOMONDI,MPANDHONWANJIKUMUHIA,MP

DATE:

04 JUN 2026

Published by:Directorate ofDepartmental Committees Clerk's Chambers ParliamentBuildings NAIROBI

MAY2026

TABLEOFCONTENTS

| CHAIRPERSON'SFOREWORD | CHAIRPERSON'SFOREWORD | CHAIRPERSON'SFOREWORD | |---------------------------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------------------------------| | PARTI. | PARTI. | PARTI. | | 1.0PREFACE | 1.0PREFACE | 1.0PREFACE | | I.IMandateoftheCommittee | I.IMandateoftheCommittee | I.IMandateoftheCommittee | | 1.2 Subjectsof the Committee | 1.2 Subjectsof the Committee | 1.2 Subjectsof the Committee | | 1.3Committee Membership. | 1.3Committee Membership. | 1.3Committee Membership. | | PARTII. 6 | PARTII. 6 | PARTII. 6 | | 2.0 CONSIDERATIONOFTHEREGISTRATIONOFPERSONS (AMENDMENT)BILL(NATIONALASSEMBLYBILLNO.52OF2025)BYTHE COMMITTEE 6 | 2.0 CONSIDERATIONOFTHEREGISTRATIONOFPERSONS (AMENDMENT)BILL(NATIONALASSEMBLYBILLNO.52OF2025)BYTHE COMMITTEE 6 | 2.0 CONSIDERATIONOFTHEREGISTRATIONOFPERSONS (AMENDMENT)BILL(NATIONALASSEMBLYBILLNO.52OF2025)BYTHE COMMITTEE 6 | | 2.1 | CommitteeAnalysis of the Bill 6 | CommitteeAnalysis of the Bill 6 | | 2.2 Comparative Analysis of School-Based programmesinSelected Jurisdictions... | 2.2 Comparative Analysis of School-Based programmesinSelected Jurisdictions... | 2.2 Comparative Analysis of School-Based programmesinSelected Jurisdictions... | | 2.3 | PublicParticipation.. | PublicParticipation.. | | 2.3.1 | Submissionsby theNational RegistrationBureau. | Submissionsby theNational RegistrationBureau. | | 2.3.2 | Submissions by the LawSociety ofKenya | Submissions by the LawSociety ofKenya | | 2.3.3 | SubmissionsbyHon.Caroli Omondi | SubmissionsbyHon.Caroli Omondi | | 2.3.4 | Submissionsby theOfficeoftheAttorneyGeneral. | Submissionsby theOfficeoftheAttorneyGeneral. | | 2.3.5 | Submissions by Community Ambassadors and Affected Persons Group- Nairobi County. .12 | Submissions by Community Ambassadors and Affected Persons Group- Nairobi County. .12 | | 2.3.6 | SubmissionsbyCommunityAmbassadorsandAffectedPersonsGroup- Mombasa County. .13 | SubmissionsbyCommunityAmbassadorsandAffectedPersonsGroup- Mombasa County. .13 | | 2.3.7 Submissions by Community Ambassadors and Affected Persons Group- MombasaCounty... | 2.3.7 Submissions by Community Ambassadors and Affected Persons Group- MombasaCounty... | 13 | | PARTIII | PARTIII | 15 | | 3.0 COMMITTEEOBSERVATIONS PARTIV. | 3.0 COMMITTEEOBSERVATIONS PARTIV. | 16 | | 4.0COMMITTEERECOMMENDATIONS | 4.0COMMITTEERECOMMENDATIONS | 16 | | PARTV | PARTV | 17 | | 5.0SCHEDULEOFPROPOSEDAMENDMENTS | 5.0SCHEDULEOFPROPOSEDAMENDMENTS | 17 |

CHAIRPERSON'SFOREWORD

The Registration of Persons (Amendment) Bill (National Assembly Bill No. 52 of 2025), cosponsoredbyHon.Carol Omondi,MPandHonWanjikuMuhia,MPwasreadaFirstTimeon Wednesday,4th March,2026andsubsequently committed totheDepartmental Committee on Administration and Internal Security for consideration and reporting to the House, pursuant to Standing Order 127(1).

Theprincipalobjectof theBill is to amend theRegistrationofPersonsActtorequire the establishmentofanationalprogrammefortheregistrationofstudentseligiblefortheissuanceof identificationcardsinsecondaryschools andtoprovidefortheissuanceofidentificationcards

Pursuant toArticle 118(1)(b) of the Constitution and StandingOrders 127(3), advertisements forrequestforsubmissionofmemorandawereplacedintheDailyNationandtheStandard Carol Omondi,MP,the State Department for Immigration and Citizen Services (National Registration Bureau),the Law Society of Kenya, the Office of the Attorney-General. All submissionswereconsideredbytheCommitteeandareannexedtothereport.

The Committee,having considered the Registration of Persons (Amendment) Bill (National Assembly Bill No.52 of 2025), co-sponsored by Hon.Carol Omondi, MP and Hon Wanjiku Muhia,MP clause by clause and taking into consideration views and recommendations of the public pursuant toStanding Order I27(3A), made observations and recommendations contained in Part Four andPart Five of this report.

Acknowledgement

The Committee sincerely thanks the Offices of the Speaker and the Clerk of the National executionofitsmandate.IalsothankalltheMembersoftheCommitteefortheircommitment andhardworkinthecompilationofthisreport.

toprovisions of StandingOrder127(4),it is mypleasant dutytotable theReport of the Departmental Committee on Administration and Internal Security on its consideration of the Registration of Persons (Amendment) Bill,(National Assembly Bill No 52 of 2025) co-sponsored by Hon. Carol Omondi, MP and Hon Wanjiku Muhia, MP.

HON.GABRIELKOSHALTONGOYO,CBS,MP CHAIRPERSON DEPARTMENTALCOMMITTEEONADMINISTRATION&INTERNALSECURITY

1.0PREFACE

1.1MandateoftheCommittee

• I.The Departmental Committee onAdministration and InternalSecurityis constituted Committees to-
• a. investigate,inquireinto,andreportonallmattersrelatingtothemandate,management activities, administration,operations and estimates of the assigned Ministries and departments;
• b.
• inrespectof itsmandate;
• study the programme and policy objectives of Ministries and departments and the effectivenessof theimplementation; (ba) on a quarterly basis, monitor and report on the implementation of the national budget
• C. studyandreviewalllegislationreferredtoit;
• d. study,assess andanalyzetherelativesuccessoftheMinistriesanddepartmentsby the resultsobtainedascomparedwith theirstatedobjectives;
• e. investigateandinquireintoallmattersrelatingtotheassignedMinistriesanddepartments as theymaydeemnecessary,and asmaybereferredto thembytheHouse;
• f. Assembly to approve,except those under Standing Order 204 (Committe on Appointments);
• (fa)examine treaties,agreements and conventions;
• g. makereportsandrecommendations totheHouseasoftenaspossible,including recommendationofproposedlegislation;
• h. considerreportsofCommissionsand IndependentOfficessubmitted to theHousepursuant totheprovisionsofArticle254oftheConstitution;and
• i. examine any questions raised by Members on a matter within its mandate.

1.2Subjectsofthe Committee

2. In executing its mandate, the Committee is mandated to consider the following subjects:

• a. Home affairs, internal security - including police services and coast guard services;
• b. Public administration;and
• C. Immigration and citizenship.

PARTI

1.3Committee Membership

3. The Committee comprises of the following Members: -

Hon. Gabriel Tongoyo, CBS, MP Chairperson Narok West Constituency

Hon.Col.(Rtd.) DidoRasso,CBS,MP Vice Chairperson Saku Constituency

Hon.Kaluma George,CBS,MP Homa Bay Town Constituency

Hon.Aduma Owuor,MP Nyakach Constituency

Hon.Fred C.Kapondi,CBS,MP Mount Elgon Constituency

Hon.Liza Chelule, CBS, MP. Nakuru County

Hon.Sarah Paulata Korere,MP Laikipia North Constituency

Hon. Oku Kaunya, MP Teso North Constituency

Hon. Mburu Kahangara, MP Lari Constituency Hon.(Prof.) ProtusAkujah,MP Loima Constituency Hon.Rozaah Buyu, CBS,MP Kisumu West Constituency Hon.Caroline Ng'elechi, MP Elgeyo-Marakwet County Hon.(Dr.) Peter Masara,MP Suna West Constituency Hon.Francis Sigei,EBS,MP Sotik Constituency Hon.Hussein Weytan,MP Mandera East Constituency,

1.5CommitteeSecretariat

4. The Committee Secretariat consists of the following:

Mr.GideonKipkoech

ClerkAssistantII-Head ofSecretariat

Ms.SalimAthuman

Mr.EdisonOdhiambo

ClerkAssistant IlI

Fiscal Analyst I

Ms.Clarah Kimeli

Ms.Delvin Onyancha

Principal Legal Counsel l

ResearchOfficerII

Ms.Judith Kanyoko

Mr.Benson Kimanzi

Legal Counsel II

SerjeantatArms

Ms.Hillary Mageka

Ms.EstherMbatha

MediaRelationsOfficer

PublicCommunications Officer

Mr.Nimrod Ochieng

AudioOfficer

PARTII

2.OCONSIDERATIONOFTHEREGISTRATIONOFPERSONS(AMENDMENT)BILL (NATIONALASSEMBLYBILLNO.52OF2025)BYTHECOMMITTEE

2.1Committee Analysis of the Bill

• 5.The Registration of Persons (Amendment) Bill, 2025 (National Assembly Bill No. 52 of 2025) is a Bill by the Hon.Caroli Omondi, M.P. and Hon.Wanjiku Muhia, M.P.The Bill wasreadaFirstTimeon4hMarch2026andcommittedtotheCommitteefor consideration.
• 6.Theprincipal objectof theBill is to amend theRegistration of PersonsActtorequire the establishmentofanationalprogrammefor theregistrationofstudentseligiblefor the issuanceof identificationcardsinsecondaryschools and toprovidefor the issuanceof identification cards to students,without charge,either at their school or a designated collectionpoint.
• 7.Clause 2 of the bill proposes to amend section 6 of the Registration of Persons Act, by subsection (lA) provides that the Principal Registrar shall, by the last day of the month of school students eligible for registration as at the close of the programme; and collect the registrationbetweenthedateafterthecloseoftheprogrammeandthelastdayofthe month of December eachyear,for purposes of registration.The proposed subsection (1B)provides that national registration programme shall be free of charge.
• 8.Clause3of thebill providesfor amendmentof section9byinserting a newsubsection (lA).Theproposed subsection (lA)provides that thePrincipal Registrar shall cause an identity card issued under the national registration programme to be delivered for collection,freeofcharge,atthesecondaryschoolofastudent;oradesignatedcollection point,whereapersonhasceasedtobeastudent.
• 9.Article 12(1)(b) of the Constitution provides that every citizen is entitled to a Kenyan passport and any document of registration oridentification issued bytheStateto citizens.
• 10.Section5(1)of theRegistration ofPersonsAct sets outthe particulars that everyperson mustprovideforregistration purposes,includingname,sex,age,nationality,ethnic group, particularsformthefoundationforthegenerationof theidentitycard.
• 11.Section6(1)establishes thecore obligation thateverypersonwhoattainsorhas attained theageofeighteenyearsandisunregisteredshallbeliabletoregistrationandshall,within ninetydaysofattainingthatage,presentthemselvesbeforearegistrationofficerand registrationpurposes.The current section6places the primaryonus forinitiating registrationontheindividualcitizen,withoutanyinstitutionalfacilitationmechanismfor secondary school students.TheBillwould thereforplace a dutyon theprincipal registrar toensurethattheregistrationprogramme isconductedinsecondaryschools.

12. Section 9(l) of the Act requires that upon registration, the registration officer issues an identity card in the prescribed form within period of thirty days from the date of ensuredeliveryoftheidentitycardsissuedundertheregistrationprogrammetothe schoolortoacollectionpoint. 2. prescribed ninety-day period, leading to deferred registration while others remain unregisteredindefinitely.The concentrationofnon-registrationamongyouthfrom marginalizedcommunities,aridandsemi-aridregions,andlow-incomeurbansettlements underscoresthestructuralnatureoftheproblem. 14. The Ministry of Interior has previously undertaken student registration programmes, such as the programme announced via a circular by the Ministry of Interior dated May 29, 2025, titled"Facilitation of School Based ID Registration Exercise for the Second Term of the year 2025." The mobile National ID registration drive targeted eligible students in secondary schools during the second school term (May - August) in 2025 and was undertakenbytheNationalRegistrationBureau. 4. 15.Theinitiativewas designed to ensure thatKenyan studentswhohad attained the age of 18wereregisteredforNational IdentityCardswhile still in school andwasintendedto suchasloansfromtheHigherEducationLoansBoard(HELB)withoutdelayupon completion of secondary education.In theexercise,principals ortheir deputiesserved as identification agentsfortheirstudentsinplaceofNational GovernmentAdministration Officers(NGAOs).TheenactmentoftheBillwouldthereforeanchorsuchregistration drivesinlaw. 5. 16.In 2026, the Government implemented enhanced digital systems for theissuance of enablereal-timecollectionandtransmissionofapplicants'biometricandpersonaldata. This is aimed at reducing processing timelines alongside other measures such as the waiver registrationandimprovedaccesstoidentificationdocuments.

2.2ComparativeAnalysis of School-BasedprogrammesinSelected Jurisdictions

17. In SouthAfrica,the Births and DeathsRegistration Act and theIdentityDocuments Act provide for birth registration from birth and issuance of identity documents at I6 years. First-timeSmartIDapplicationsarefree,withdeliverythroughDepartmentofHome Affairsofficesandmobileunitstoschools. 18. In Rwanda, Law No. l6/2019 on Population Identification provides for issuance of national identity cards at sixteen years. Registration is free of charge and undertaken through national identity centres and mobile registration units to secondary schools. 3. 19.In Tanzania,the Registration and Identification of Persons Act, 1986 provides for issuance of national identity cards at I8 years through nationwide registration drives. The IdentificationAuthorityoffices and institutionalregistration exercises.

• 20.In Uganda, the Registration of Persons Act, 2015 provides for national identity charge,with delivery through National Identification andRegistrationAuthority offices andmobileregistrationtodistrictsandinstitutions.

21. In India, the Aadhaar (Targeted Delivery of Financial and Other Subsidies) Act, 2016 allowsvoluntaryenrolmentfrombirth.Registrationisfreeofcharge andundertaken through enrolment centres and school or college-based enrolment camps.

2.3Public Participation

22. Article Il8 (1) (b) of the Constitution of Kenya provides as follows— "Parliament shallfacilitatepublicparticipationandinvolvement inthelegislative andother businessofParliamentanditsCommittees." 2. 23.StandingOrder127(3)provides that-

"TheDepartmentalCommitteetowhichaBill iscommittedshall facilitatepublicparticipation on the Bill through an appropriate mechanism, including—

• (a)inviting submission of memoranda;
• (b)holding public hearings;
• (c)consultingrelevant stakeholders inasector;and
• (d)consulting experts on technical subjects.

24. Standing Order127(3A) further provides that—-

"The Departmental Committee shall take into account the views and recommendations of the publicunderparagraph(3) in its report to theHouse."

• 25.Pursuant to the aforementionedprovisions of the Constitution andStandingOrders,the Committee through local daily newspapers of Tuesday, 1oth March, 2026 published an advertisementinvitingthepublictosubmitmemorandaon theBill.Theadvertisement is annexedtothisreportasAnnexure3.
• 26.Further,vide a letter dated Tuesday,I4h April 2026,the Committee invited stakeholders to make submissions on the Bill.The meetingwas held onThursday,23rdApril 2026within Parliament Buildings. Stakeholder submissions are annexed as Annexure 4.
• 27.TheCommitteereceivedsubmissionsthroughwrittenmemorandaandoral presentations.In addition to submitting written memoranda,the following stakeholders also appeared before the Committee onThursday,23rd April 2026 at 9.30a.m.to give theiroralpresentationontheBill:
• (a) the State Department for Immigration and Citizen Services (NRB);
• (b) the Law Society of Kenya (LSK);
• (c) the Hon. Caroli Omondi; and
• (d)theOfficeoftheAttorneyGeneral.
• 28.Boththewrittenmemorandaandoralpresentationscontainedgeneral commentsonthe Billaswellcommentsonindividualclausesof theBill asanalyzedbelow

2.3.1 Submissions by the National Registration Bureau

• 29.TheNational RegistrationBureausubmitteditsviewsvide amemorandumReference NRB/CON/ADM/1/14/11/Vol.IV/43dated23rdApril2026.Theysubmittedthatthe

arrangementswiththeschooladministration.TheynotedthatsincetheDepartmentis real time, it is notviable to collect information of underage persons.They proposed that amendments should cause a consequential amendmentto the EducationAct toprovide specifics like setting aside time inthe school calendarto allowfor theregistration exercise. They noted that the proposed section 6(lA) was couched in mandatory terms which meansthatfailure tocomplywouldbe anoffence.Theyproposedthat theGovernment take over the Bill and include necessary arrangements in the general Cap. 107 amendments.

• 30.lntheir oralsubmissionon23rd April2026,theBureaunoted that theActrequires registrationofpersonswhohave attained theageofeighteenandthatwith theuse of live capture machines,itwasnotviabletostore data.Theysubmittedthatinitialregistration is already free and that upon processing, identity cards are delivered to schools for ease of collection.They noted that if put in law,theBureau would need to be guaranteed that thereisatimeallocationwithintheBasicEducationActtorequireschoolstoallocate them timeforprocessingidentitycards.

2.3.2Submissionsby theLawSocietyofKenya

31. The LawSociety of Kenya welcomed the initiative to modernize Kenya's identification systems through the proposed amendments to theRegistration of Persons Act.The school students, ensuring that young people receive identification cards in a timely hinder access to education, employment, and essential services. The Society further noted thatby makingregistrationfree and accessible at schools or designated points,the Bill reducesbarriersandpromotescivicparticipation. 32. On the timing of the Programme, the Law Society of Kenya expressed concern that the timingoftheregistrationexercisecoincideswithcriticalacademicactivities,notingthat studentswill beclosingforsecondtermin thesame month andresumingat the lastweek of the samemonth.TheSociety submitted that conductingmassregistration during this periodrisksdisruptinglearningschedules andexampreparationespeciallyforcandidates andproposedthattheprogrammebealignedwiththeschoolcalendarorthatitbe staggered toavoidoverlapwith examinationperiods. 3. 33.The Society also noted that there is norecourse in the instance the Principal Registrar fails to conduct the national registration programme. They proposed that the Bill provide a clause on therecoursewhere thePrincipal Registrar fails to conduct thenational registration programme in order to ensure accountability and enhance transparency. 4. 34.On the proposed new sections 6(lA) and 6(IB),the Society observed that while the provision mandates a national registration programme, it does not define the temporal scope of eligibility,nor the consequences for schools that fail to facilitate the programme. The Society proposed section 6(lA) be amended by adding a new subparagraph requiring notificationtotheprincipalof everysecondaryschoolatleastsixty daysbefore

commencementandrequiringprincipalstoprovidereasonablefacilitiesandtimeforthe programme.

• 35.TheSociety noted that although the programme is declared free of charge, theBill does studentorparentforparticipation.

36. The Society also observed that the Bill specifically targets secondary school students, thereby failing tocater for other eligible eighteen-year-olds such as out-of-school youth, vocationaltrainees,andmarginalizedchildrenandproposedthattheBillbeamendedto include all eligible youth, whether in school, vocational training, home schooling environments,oroutsidetheformalschoolingprogramme.

• 37.On the collection of particulars from students,the Society expressed concern that collection during school hours would lead to significant loss of instructional time, especiallyforseniorstudentspreparingforfinalexaminations.Theyproposedthat registrationbescheduledduringholidays,outsideclasshours,orondesignateddays,with secureverification andhandover protocols,including digital tracking of issued identity cards.
• 38.OnthecollectionofNational IdentificationCards,theLawSocietyofKenyanotedthat school administratorsandteachersfromtheircoreeducationaldutiesandincreasingthe administrative burden on schools.TheSocietyproposed the deployment of dedicated registrationofficersandtheuseoflocaladministrativeofficessuchaschiefs'andsubcounty offices as collectionpoints.

39. On designation of collection points, the Society observed that while the Bill provides for collection at a designatedcollectionpointwhere a personhas ceased tobe a student,it does not define who designates such points,nor the distance or accessibility standards. The Society thus proposed that designated collection points be within a reasonable distancefromtheformerstudent'slastknownaddress.

• 40.TheLawSociety of Kenya also noted that the Bill does not expresslyprovideforparental input in the registration process, yet parental consent and involvement are critical for safeguarding minors and ensuring accountability. The Society proposed that the Bill be studentsunderI8andthosestillinschool.

41. On data collection under the programme, the Society submitted that biometric data collection may be intimidating for younger students and could heighten anxiety if conducted during exam preparation, and proposed sensitization programmes for students

• submittedtotherelevantbody.

• 43.Lastly,the Society noted that the Bill is silent ondataprotection andproposed the collectionandhandlingofminors'data.

2.3.3SubmissionsbyHon.CaroliOmondi

44. In responding to the issues raised, the sponsor of the Bill submitted that the issuance of Identitycardsisaconstitutional rightunderArticle12of theConstitutionlogistical issues as to the implementation of theprogramme couldbe dealt with in regulations and noted that the programme was carried out in other jurisdictions.Regarding collection of data fromminors,he notedthat the same could be dealt withby the Bureau at the implementationstage

2.3.4SubmissionsbytheOfficeoftheAttorneyGeneral

45. The Office of the Attorney General that the phrase"national registration programme"" has not been defined and it was therefore unclearwhatthe programme entails aswell as the period within which the programme shall run.On the collection of particulars from students after close of the programme, they submitted that the proposal has not specified the particulars to be collected and the person to provide those particulars to the Principal Registrar. 2. 46.Theysubmittedfurther thatsection6(l)of theRegistrationofPersonsActrequires a person to present himself before a registration officer for registration while the proposed studentswhichtheysubmittedisinconsistentwiththerequirementsspecifiedunder section 6(l)of theRegistration of PersonsAct.They thusrecommended that theBill be amendedtoharmonisethetwoprocesses. 3. 47.On theproposal that the national registrationprogramme shallbefree of charge,they submittedthatthesameisunclearandthatissuanceofidentitycardsinKenyaiscurrently free of charge in line with section6 of theActwhich states that a person obtaininga firsttime identity card shall not be charged. However, they noted that the process of registration has financial implication as it requires resources. Similarly, the proposed nationalregistrationprogrammeshall occasionadditional expenditureand,inthatsense, the Programme is not free.They therefore proposed that there was need for clarity on the financial implications of the programme and how the programme will be funded. 4. 48.On theproposal that theidentitycards shall be delivered to theSecondarySchoolof a Office of the Attorney General submitted that the definition of the phrase"designated collectionpoint"has notbeenprovided.As such,there is no clarity on whatqualifies to be a collection point for purposes of the Act. Additionally, they submitted that it is not clearwhether thereshallbeonecollectionpointforallstudentsoreachstudentshall appoint a collectionpointofhischoice andthat,there isnoclarity ontheauthority to designate collectionpoints. 49. The Office of the Attorney further noted that the proposed Bill uses the term "secondary levels under the Competency-Based CurriculumFramework,where basic education is

currently structured into EarlyYears Education,MiddleSchool EducationandSenior prevailingeducationstructure.

2.3.5 Submissions by Community Ambassadors and Affected Persons Group-Nairobi County

50. A group of persons identifying themselves as community ambassadors and affected persons from Nairobi County welcomed the Bill as a commendable step in enhancing aimed atensuringthateligiblestudents areregisteredforissuanceof identificationcards withoutcharge. 2. groupobservedthat theprovision limitsmassregistration tosecondary school students, yet community engagementsreveal that there are individualswhohave attained the age of eighteenyears while still in primary schooldue to delayedenrolment,poverty, displacement, and systemic barriers.The group noted that this results in exclusion of eligiblepersons and undermines therightto equalityandnon-discrimination underArticle 27of theConstitution,andrecommended that the provision be amended to extend eligibility to all studentswhohave attainedthe age ofeighteenyears,regardless of the level of education, or alternatively replace"all secondary school students"with"all eligible studentsineducational institutionsandreligiousinstitutions." 3. Bill does not provide a clear, uniform, and transparent procedure for application and from marginalized, pastoralist, and nomadic communities, report inconsistent requirements, discriminatory vetting practices, and lack of clarity across regions, which violatestherighttofairadministrativeactionunderArticle47andequalityunderArticle 27. The group recommended a standardized and uniform registration procedure treatmentofallpersons. 53. On the proposed section 6(lA)(b) on collection and transmission of data, the group acknowledged that digitization is progressive but raised concerns regarding data protection, consent, and misuse of personal data, particularly for minors. The group recommendedinclusionof safeguards toensure compliancewithdataprotection principles, including informed consent, purpose limitation, and secure handling of personal data. 5. 54.The group alsosubmitted that theRegistrarretainsbroad discretionarypowers torequire additional information and conduct inquiries,which in practice has resulted in discriminatory vetting, particularly against Muslims and marginalized communities. The groupnotedthat thisraisesconcernsunderArticles27and47of theConstitution and recommendedtheintroductionofclearlimitsandguidelines ontheexerciseof investigativepowers,includingarequirementthatall decisionsbeaccompaniedbywritten reasonsandbesubjecttoappealorreview.

• 55.Ontheproposedsection9(lA)on delivery of identity cards,the group observed that delivery through schools or designatedcentres maynotbe accessible to all,particularly mechanismstoincludelocaladministrativeoffices.

2.3.6 Submissions by Community Ambassadors and Affected Persons Group-MombasaCounty

56. A group of persons identifying themselves as community ambassadors and affected persons from Mombasa County welcomed the Bill as a progressive measure that would reducethecostandlogisticalburdenofobtainingfirst-timeidentitycards. 2. 57.However,the group expressed concern that the Bill does not address discriminatory vetting practices that have historically affected students from minority, coastal, borderdiscrimination provisions to prevent eligible students from being denied registration or the Registration ofPersons Act,whichit argued has facilitated discriminatoryvetting practices. 3. 58.Thegroupsubmitted thattheBill doesnotclarify therelationshipbetweentheproposed school-based registration timeline and the existing statutory requirement that identity cards be issued within thirty days of registration. The group recommended that the Bill expressly provide for timely issuance of identity cards and,where delays occur,require theissuanceofofficialacknowledgementsofregistration. 4. 59.The Groupnoted thattheBilldoesnot define designatedcollectionpointsfor identity school and recommended that collection points be clearly defined and,where possible, belocatedattheschoolswherestudentswereregistered. 5. 60.Thegroupfurther noted theexclusionof childrenfromstatelesshouseholds andfamilies lacking national identity documents and recommended that alternative forms of verification,includingschool records,birthnotifications,communityelderdeclarations and similar documentation, be accepted to facilitate registration and prevent the perpetuationofstatelessness.

2.3.7Submissions by Community Ambassadors and Affected Persons Group-KwaleCounty

61. A group of persons identifying themselves as community ambassadors and affected persons fromKwale County supported the Bill, noting that it would facilitate the issuance of national identity cardsto eligible secondary school students while they are still in school and without payment of fees, thereby reducing the challenges young people often face when seeking identity cards after completing school. However, the group raised concerns regarding theimplementation of the proposed school-based registrationframework and recommended that themandatoryregistration exercise be conductedwhen schools are

• insession rather than duringtheAugust holidays.Theyobserved that many schools are closed duringthatperiod,whichcouldhinder effective implementation.

62. The group proposed that applicants be allowed to indicate their preferred location for collecting identity cards, whether at school or at an alternative collection point, noting that the Billprovides for collectionat school without clarifying other collection arrangements. Further, the group recommended that school heads verify the availability of supporting documents,such asparents'identity cards and birth certificates,at thetime of admission or at the beginning of the academic year, noting that early verification would helpidentify documentation challenges in advance andreduce the riskof eligible students being denied registration due to missing supporting documents.

PARTIII

3.0 COMMITTEEOBSERVATIONS

• 63.Uponconsiderationof theBill,theCommitteeobserved thefollowing—
• (i Conducting mass registration during the school calendar periodrisks disrupting learning activities inschools;
• (i) First time registrationfor national identity cards is already provided free of charge;
• (ii) Limiting the programme to secondary school students indirectly excludes other eligible persons including out-of-school youth, persons in vocational training institutionsandpersonsininformaleducation;
• (iv) haveattainedtheageofeighteenyears;
• (M) Consequently, persons below the age of eighteen years are not eligible for registration under the Act and therefore fall outside the registration framework establishedbytheAct;
• (vi) students is not inconsistent with the requirements specified under section 6(1) of theRegistration of PersonsAct.The Concept ofeligibility under the Act means the subject who is the student must first have attained I8 years to be registered.
• (vii) TheActobligatespersonstopresent themselves before a registration officerfor those who are eligible to register to appear before them; there is therefore no gap in the law.
• (vii) addressed through policy directives, administrative reforms, additional funding, public awareness and improved service delivery mechanisms by theMinistryof Interior andNational Administration,insteadofamending theAct.

PARTIV

4.0COMMITTEERECOMMENDATIONS

• 64.The Committee having considered the Registration of Persons (Amendment) Bil (National AssemblyBill No.52of 2025) and the submissionsfrom membersof thepublic and stakeholders, recommends that the House rejects the Bill in its entirety.

2020

SIGN.

DAtE.

HON.GABRIELKOSHALTONGOYO,CBS,MP CHAIRPERSON DEPARTMENTALCOMMITTEEONADMINISTRATION&INTERNAL SECURITY

PARTV

5.0SCHEDULEOFPROPOSEDAMENDMENTS

In light of the Committee'srecommendation inChapter IV,the Committee proposes the following amendments to the Bill—

CLAUSEI

THATClauseIoftheBillbedeleted.

CLAUSE3

THATClause2oftheBillbedeleted.

CLAUSE3

THATClause3oftheBillbedeleted.

THENATIONALASSEMBLY I3THPARLIAMENT-FIFTHSESSION(2026) COMMITTEEONADMINISTRATIONANDINTERNALSECURITY

REPORTADOPTIONLISTOFTHE

DEPARTMENTALCOMMITTEEONADMINISTRATIONANDINTERNALSECURITY ONTHEREGISTRATIONOFPERSONS(AMENDMENT)BILL(NATIONALASSEMBLY BILLNO.52OF2025)CO-SPONSOREDBYHON.CAROLIOMONDI,MPANDHON. WANJIKUMUHIA,MP

We, the undersigned Members of the Departmental Committee on Administration and Internal Affairs do hereby append our signatures to adopt this Report

Jay, 02p

Date:

| No. | MEMBER | SIGNATURE | |-------|---------------------------------------------------|-------------| | I. | Hon. Gabriel Koshal Tongoyo, CBS, MP Chairperson | | | 2. | Hon.Col (Rtd) Dido Rasso,CBS,MP -Vice Chairperson | | | 3. | Hon. Kaluma George Peter, CBS, MP | | | 4. | Hon. Fred C. Kapondi ,CBS, MP | | | 5. | Hon. Joshua Aduma Owuor, MP | | | 6. | Hon. Sarah Paulata Korere, CBS, MP | Aarere | | 7. | Hon. Liza Chepkorir Chelule, CBS, MP | | | 8. | Hon. Joseph Mburu Kahangara, MP nqaranGac | | | 9. | Hon.(Dr.) Peter Francis Masara , MP | | | 10. | Hon.(Prof.)Protus Ewesit Akujah,MP | | | I1. | Hon. Edward Oku Kaunya, MP | | | 12. | Hon. Rozaah Akinyi Buyu, CBS, MP | | | 13. | Hon. Amb. Francis Kipyegon Arap Sigei, EBS, MP | | | 14. | Hon. Caroline Jeptoo Ng'elechei, MP | | | 15. | Hon. Hussein Weytan Mohammed, MP | |