Kenya
Aiming to increase birth registration among historical migrants and their descendants who remain stateless in
Kenya, the Department of Civil Registration Services decentralized its services to make them more accessible
even in remote parts of the country. It also collaborates with UNHCR and its partners to conduct mobile birth
registration in areas where the majority of stateless persons live.
Stateless groups in Kenya
During the colonial period (1888-1963), Kenya was a destination country in the region for people in search of
employment. From the 1930s, people from Rwanda and Burundi migrated to Kenya to work in the colonial tea
estates, mainly in the highlands of Kericho, west of Kenya’s Rift Valley region. Around 1935-1940, the Pemba,
inhabitants of an island off Tanzania that forms part of the Zanzibar archipelago, came to Kenya looking for
employment; a second wave of Pemba followed them between 1963-1970, fleeing violence related to the
Zanzibar revolt in 1964; and a new generation sought refuge again after election violence in 2000. The Shona
first arrived in Kenya from Zimbabwe in 1967 as missionaries. These groups of historical migrants and their
descendants are now among Kenya’s stateless minorities because they are not citizens of Kenya and are no
longer recognized as citizens by their countries of origin. As a result, a large number are excluded from the formal
labour market and cannot pursue gainful employment, pay for the education of their children, or borrow from
financial institutions to start or expand their businesses. Many are not aware that, under the current legislation,
they can apply for citizenship through registration if they have lived in Kenya since its independence in 1963;
most are also unfamiliar with the processes for registering for citizenship. Further, because they experienced
discrimination in the past when trying to obtain documents such as birth certificates, many are also reluctant
to approach the authorities. Due to their ethnic background, the majority of these groups find it difficult to
obtain identification papers and some have resorted to negative coping mechanisms in order to obtain birth
certificates and other documents.
The reasons for their statelessness
The Pemba who arrived before 1963 took advantage of the free movement agreement that existed at the
time between the Kenyan coastline and Zanzibar, the so-called ‘10 Mile Strip’. They were able to come to
Kenya without any form of travel or identification documentation. However, the majority of the Pemba, Shona,
people of Rwandan and Burundi descent, and others who arrived in Kenya during the colonial period carried
travel permits from their country of origin and were subsequently issued with identity cards in Kenya, called
‘DC cards’ at the time because they were issued by the District Commissioner. DC cards were issued until 1978
when amendments were made to the Registration of Persons Act under the regime of President Moi. Between
1915 and 1947, all males living in Kenya were in principle issued with identity cards. From 1947, DC cards were
restricted to African males. From 1978, identity cards were reserved for Kenyan citizens, including women, and
alien cards were introduced for foreigners.
The change in legislation in 1978 denied Kenyan identity cards to certain groups of historical migrants and
obliged them to obtain alien cards that had to be renewed every year and did not permit them to seek
employment. Even the early arrivals, many of whom have lived in Kenya for decades, had their identity cards
withdrawn and were faced with deportation orders in the 1980s and 1990s. Many of these people became and
remain stateless. In general, they lack birth registration as well, because they have no documentary evidence to
prove they were born and reside in Kenya. Without birth certificates they cannot establish an entitlement to
Kenyan nationality based on birth and residence in the country.
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CAMPAIGN TO END STATELESSNESS WITHIN 10 YE ARS