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LAD, RUC RY Ce PP PU Oe LM c. Whether the actions of the Republic of Azimia amount to a breach of the principles of good governance, transparency, and accountability as enshrined in the East African Community Treaty. The Respondent submits that its actions in implementing the National Identification System (NIS), are aimed at promoting good governance, transparency, and accountability, and that the challenges during the initial stages do not amount to a failure to uphold these principles under Articles 6(d) of the East African Community Treaty which promotes good governance and protection of human rights in line with the African Charter on human rights and people's rights*\" and Artiele 7(2) of the East African Community Treaty which emphasizes adherence to democracy, rule of law and human rights. The applicant points to the lack of a publicly available privacy policy at commencement transparency is an ongoing process.*! The Respondent has established institutions such as The National Commission for Information and Communication (NCIC) which over sees the digital Identification System whose reports are available to the public demonstrating institutional commitment to transparency and accountability, The Respondent has also incorporated the Human Rights Impact Assessment(HRIA) ' Nubian Rights Forum 2 Others v Atiomey General 6 others; Child Welfare Society 9 others (Interested Parties) [2020] eKLR (Huduma Namba case) East African Community Treaty, Article 6(d) *! East African Community Treaty, Article 7(2) 10 which is a systematic process grounded in international human rights laws such as the International Covenant on Civil and Political Rights (ICCPR)* to investigate the potential impact of laws, policies, programs, projects and interventions on human rights of individuals, population or general society as per the Digital Identity and the legal Obligation to Conduct a Human Rights Impact Assessment in Kenya report of April 2023.4 The Respondent is committed to making relevant policies and frameworks accessible as they are finalized. The very fact that the Auditor General's report is public and its findings are known demonstrates a degree of state transparency and accountability through its report on the NCIC is a clear mechanism of accountability. The government is now tasked with addressing the findings of this report to forge a way forward. Section 3 of the Data Protection and Privacy Act No. 24 of 2019,* sets out the principles of data protection which among others is that the data collector must be accountable to the data subject for the data collected, processed, used or held and that the authority shall ensure compliance with the said principles.\" The legal framework, including Azimia's Data Protection Regulations, provides a basis for holding the government accountable for data protection and the respondent is taking steps to ensure the National Identification System (NIS) operates within a framework of legal and operational accountability