Common contributing factors include; Migration, lack of birth registration, inability to prove
parents’ nationality, ethnicity, religion, gender, race or political opinion when granting or denying
nationality.
IMPLICATIONS OF STATELESSNESS.
For stateless persons, lack of recognized documentation can mean among others; Limited access
to social and economic rights including work, education, housing and healthcare, exposure to
protection risks which may lead to detention or expulsion, exclusion from political, civic processes
such as voting since it is only available for enjoyment by citizens29 Persons with undetermined
nationality often face similar consequences that is, risk of statelessness. It is estimated that
approximately 10 million people around the world are stateless, hence Stateless persons are
persons of concern. 30
RECOMMENDATION.
The first step to solution of a problem is acknowledging its existence. Therefore, Kenyan law
should define ‘statelessness’ and specify the rights of stateless persons as well as those at risk of
statelessness.
The legal and administrative framework is not adequate to deal with the issue of statelessness, so,
Kenya should accede to and domesticate the Stateless Persons Convention and the Convention on
the Reduction of Statelessness to protect stateless persons and to prevent as well as reduce the
occurrence of statelessness31. There is need to push for Law and Policy reform, and ensure realistic
29 Article 38 of the constitution of Kenya expressly states that only citizens can take part in voting.
30 See Equal Rights Trust, The Protection of Stateless Persons in Detention under International Law (Jan. 2009) 36-7 (Working
Paper).
31
See United Nations General Assembly through Resolution 50/152 of 21 Dec 1995
Electronic copy available at: https://ssrn.com/abstract=3079430