Getting IDs still hard for Somalis – rights groups

Umulkheir Ahmed Shale, Haki Na Sheria's head of paralegal, during the training of North Eastern journalists in Garissa on Monday/STEPHEN ASTARIKO

Abdimalik Hajir, the acting manager, Haki na Sheria, during a one-day training of Northeastern-based journalists in Garissa/STEPHEN ASTARIKO

Civil society groups have asked the government to move from policy pronouncements and promises to tangible action to address gaps and systemic injustices in the new ID registration guidelines.

In February,  President William Ruto signed a decree eliminating vetting requirements for residents of Northeastern Kenya applying for national identification documents.

Before Ruto’s decree, vetting subjected certain Kenyans from specific regions, ethnic groups or religious backgrounds to additional scrutiny when applying for the documents.

Unlike other citizens,  they had to appear before a vetting committee,  provide extra documentation and meet additional conditions.

Rights groups, however, say that while the government had, through the executive order, declared vetting as unconstitutional, six months later, it was evident that ID applicants were still  encountering numerous challenges to acquire the document.

A statement jointly signed by Haki Na Sheria Initiative, Nubian Rights Forum, Namati Kenya, Haki Center, Pastoralists Rights and Advocacy Network and Pastoralists Women for Health and Education urges the government to be consistent on the matter.

Following the abolition of vetting, the government, through the Ministry of Interior, gazetted new ID registration guidelines.

Now, the new ID process requires applicants to provide proof of citizenship (birth certificate and parents ID) and a letter of introduction from the chief.

Parents are also required to appear in person to put a thumbprint on the application form and follow-up from the chief to again re-verify the applicant.

Thereafter, the application is forwarded to the Directorate of Criminal Investigations and National Intelligence Service for additional verification before an individual can get their identity card.

According to the rights groups, for millions of Kenyans, mainly from majority Muslim communities and other minority ethnic groups, the promise to end ID vetting remains only on paper.

“In practice, the new structure for ID applications, which applies to only some sections of Kenyans, still creates excessive demands on applicants while also retaining the unchecked power of officials mainly chiefs to determine whether an applicant gets an ID, even when the applicant provides government-issued supporting documents as part of their application,” the statement reads.

“This, coupled with other enduring administrative challenges, including and not limited to widespread corruption, prohibitive and inconsistent application fees, and distance from registration offices or Huduma centres, too many Kenyans still face significant barriers when seeking ID cards."

The lobbies said that  the constitution does not permit a two-tiered system, where different ID application standards are imposed on sections of Kenyan citizens based solely on religious background or ethnicity.

“We urge the government to finally address this long-standing injustice and ensure every Kenyan enjoys equal, non-discriminatory access to citizenship documents.”

The rights groups have also called for the amendment or repeal of sections of the law that purportedly provide the legal framework for vetting.

They also want the implementation of affirmative action measures to issue identification to all Kenyans, especially those previously excluded from accessing the documents due to historical existence of discriminatory vetting.

“Expanding the number of registration and identification offices and resourcing of these offices, especially in underserved areas of Kenya. The government must also enhance the number and capacity of registration staff in these centres,” they said.

The groups also called for reduction or elimination of inconsistent high fees for ID renewal and birth certificate applications.

They urged the government to seize the opportunity to implement its pledge on Sustainable Development Goals SDG16:9 and fulfill its promise of nationality.