EXPLAINER: Registration of Persons Act and the illegal retention of IDs

NAIROBI, Kenya, Apr 9 — Interior Cabinet Secretary Kipchumba Murkomen has put moneylenders and individuals on notice over the widespread practice of retaining national identity cards as collateral, warning that such actions amount to criminal offences under Kenyan law.

His remarks bring into sharp focus the Registration of Persons Act, the law that governs the issuance, ownership and protection of identity cards, and explicitly outlaws the unlawful deprivation or possession of another person’s ID—an offence that carries stiff penalties.

So what is the Registration of Persons Act?

The Registration of Persons Act is the primary law governing:

• Registration of Kenyan citizens aged 18 and above
• Issuance and management of national identity cards (IDs)
• Maintenance of a central population register

In essence, it establishes that an ID is a state-issued personal document, not private property that can be held by third parties.

Who owns a Kenyan ID?

Under the law:

• An ID is issued by the government through the Principal Registrar
• It is assigned to an individual citizen
• The holder must keep it in safe custody (Section 9)

Key implication:
Even though you hold it, an ID is not transferable, not tradable, and not collateral.

Why Murkomen’s warning matters

Murkomen’s warning targets a common practice where:

• Lenders (especially informal or digital credit providers)
• Employers or landlords

Confiscate or retain IDs as security for loans or obligations.

What the law says (Section 14)

It is an offence to:

• “Unlawfully deprive any person of an identity card”
• Possess or use someone else’s ID without lawful authority

This directly criminalises:

• Holding someone’s ID as collateral
• Refusing to return an ID after a loan is repaid

Offenders risk:

• Fine of up to Sh200,000
• Or 18 months imprisonment
• Or both

What counts as “unlawful retention”?

Examples include:

• A lender keeping your ID until you repay a loan
• An employer holding IDs of workers “for safekeeping”
• A landlord demanding an ID as a tenancy guarantee

Unless authorised by law, all these actions are illegal.

When can someone ask for your ID?

The Act allows limited, lawful use:

Section 10 permits:

Authorities may require you to:

• Produce your ID when applying for services (e.g. licences, permits)
• Present it for inspection by authorised officers

But they:

• Cannot confiscate or retain it indefinitely
• Must only inspect or verify identity

What happens if you lose your ID

The law requires you to:

• Report loss without delay
• Apply for replacement through a registration officer

It is also an offence for someone else to keep or fail to return a found ID

Link to Huduma Namba / NIIMS

Under Section 9A, the law establishes the:

• National Integrated Identity Management System (NIIMS)

This system:

• Stores biometric and personal data
• Assigns a unique ID number
• Integrates multiple government databases

This reinforces that identity data is centrally controlled by the State, not private actors.

Bottom line

Murkomen’s warning is firmly grounded in law:

• IDs are personal, government-issued documents
• No private individual or institution has the right to retain them
• Doing so is a criminal offence

Why this matters now

The crackdown signals:

• Increased scrutiny of predatory lending practices
• Protection of citizens from identity abuse and exploitation
• Reinforcement of data protection and personal rights