Universal Declaration of Human Rights (UDHR)15, International Covenant on Civil and Political
Rights (ICCPR) 16, International Convention on Elimination of All Forms of Discrimination
against Women (CEDAW)17, Convention on the Elimination of All forms of Racial Discrimination
(CERD)18, Convention on the Rights of the Child (CRC)19 and the Convention on the Rights of
Persons with Disabilities (CRPD)20, among other treaties.
The African Charter on the Rights and Welfare of the of the Child recognizes the right to birth
registration and the right to nationality21 .
Human rights treaties complement the two Conventions governing statelessness.
NATIONAL LAWS THAT REGULATE CITIZENSHIP IN KENYA.
Justification for the presidential directive to register the Makonde Community.
A Kenyan is a citizen by birth if that Kenyan acquired citizenship under former Constitution22.
Any person who was born in Kenya to parents who are citizens of the United Kingdom and its
colonies or protectorates as of 11 December 1963, was to be considered as a Kenyan citizen,
provided that one of his or her parents was born in the country.
Citizenship may be acquired through birth or registration.23 Citizenship is acquired by birth if on
the day of the person’s birth the father or the mother is a Kenyan citizen irrespective of whether
15
See Article 15
16 See Article 24(3)
17 See Article 9
18 See Article 5
19 See Article 7
20 See Article 18
21 Article 6
22 See Articles 87, 88(1) of the repealed constitution
23 See Article 13(2) of the Constitution of Kenya 2010
Electronic copy available at: https://ssrn.com/abstract=3079430