Parliament passed a legislation to govern issues of statelessness8. The Act provides that within five
years, all stateless persons must be registered as Kenyan citizens. The five-year period ended on
30th August 2016 without the Makonde receiving the registration as envisaged by the law.
The Constitution of Kenya 20109 provides that a person who has been lawfully a resident in Kenya
for a period of at least 7 years and who satisfies the conditions prescribed by Parliament may apply
to be registered as a citizen. The Kenya Immigration and Citizenship Act, 201110 provides that all
who migrated to Kenya before 12th December 1963 are citizens. A person who voluntarily
migrated to into Kenya before 12th December ,1963, and has been continuously living in Kenya
shall be deemed to have been lawfully resident and may on application in a prescribed manner, be
eligible to be registered as a citizen of Kenya if that person does not hold a passport or an
identification document of any other country, has adequate knowledge of Kiswahili or a local
dialect, intends upon registration as a citizen to continue to permanently reside in Kenya or to
maintain a close continuing association with Kenya and the person understands the rights and
duties of a citizen.11
8
See the Citizenship and Immigration Act
9 See Article 15(2)
10 See Section 16 (1)
11 See chapter 3 of the constitution of Kenya 2010.
Electronic copy available at: https://ssrn.com/abstract=3079430