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 aboveIssuance and management of national identity cards (IDs)Maintenance of a central population registerIn 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 RegistrarIt is assigned to an individual citizenThe 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 mattersMurkomen’s warning targets a common practice where:Lenders (especially informal or digital credit providers)Employers or landlordsConfiscate 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 collateralRefusing to return an ID after a loan is repaidOffenders risk:Fine of up to Sh200,000Or 18 months imprisonmentOr bothWhat counts as “unlawful retention”?Examples include:A lender keeping your ID until you repay a loanAn employer holding IDs of workers “for safekeeping”A landlord demanding an ID as a tenancy guaranteeUnless 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 officersBut they:Cannot confiscate or retain it indefinitelyMust only inspect or verify identityWhat happens if you lose your IDThe law requires you to:Report loss without delayApply for replacement through a registration officerIt is also an offence for someone else to keep or fail to return a found IDLink to Huduma Namba / NIIMSUnder Section 9A, the law establishes the:National Integrated Identity Management System (NIIMS)This system:Stores biometric and personal dataAssigns a unique ID numberIntegrates multiple government databasesThis reinforces that identity data is centrally controlled by the State, not private actors.Bottom lineMurkomen’s warning is firmly grounded in law:IDs are personal, government-issued documentsNo private individual or institution has the right to retain themDoing so is a criminal offenceWhy this matters nowThe crackdown signals:Increased scrutiny of predatory lending practicesProtection of citizens from identity abuse and exploitationReinforcement of data protection and personal rights