the person is born in Kenya or not.24 This also applies to a person born before the effective date
whether or not the person was born in Kenya, if either the mother or father is or was a Kenyan
citizen.
A child found in Kenya who appears to be less than eight years old and whose nationality and
parents are unknown is presumed to be a Kenyan citizen by birth.25
A person who has been married to a citizen for seven years can apply for to be registered as a
citizen.26
Half of the population of the Makonde community intermarried heavily with other coastal
communities, hence meeting the requirement for acquisition of nationality as under Article 15(1)
of the Constitution of Kenya.
Children borne by the Makonde people were entitled to citizenship by birth.
Kenya, though not party to the two leading International Conventions relating to the status of
stateless persons and Reduction of Statelessness, is party to the Convention on the Rights of the
Child, International Covenant on Civil and Political Rights, International Convention on
Elimination of All Forms of Discrimination against Women and the Banjul Charter. This then
means that, the state commits itself to promote and protect fundamental international human rights.
All the above legal instruments give legitimacy to the presidential directive requiring registration
of the Makonde community’s eligible members.
24 See A.14 (1) of the Constitution of Kenya 2010
25 See Article 14(4) of the Constitution of Kenya 2010
26 See A.15(1) of the Constitution of Kenya 2010
Electronic copy available at: https://ssrn.com/abstract=3079430