they operate essentially beyond the reach of state structures and the rights to political participation and legal and social protection that citizenship should provide. Some countries have populations in all categories: in Kenya, for example, Asian Kenyans came with colonization and had their citizenship rights restricted at various times; Nubian Kenyans are black Africans yet still regarded as not eligible for full Kenyan citizenship because they ‘originally’ came from somewhere else; the ethnic Somali population has been consistently suspected of support for pan-Somali unity and subject to security-force harassment and denial of citizenship rights as a result; nomadic pastoralist populations are excluded from many of the public services that are extended to other Kenyans. Refugees hosted in Kenya are in practice largely excluded from naturalizing as citizens, while children born outside the country with just a Kenyan mother cannot claim citizenship, though children with a Kenyan father can do so. Among these groups, some individuals have had recognition of their citizenship in the form of documents that were later invalidated by the state; some still hold citizenship documents but are in danger of losing them at any time; some have never had citizenship documents but would encounter difficulties or denial if they tried to obtain them; and some hold documents, but suffer legally mandated restrictions or discrimination that denies them equal treatment with other citizens. All of them are vulnerable because the legal basis of their rights – citizenship – is non-existent, in question or under threat. The flawed argument from ‘I was here first’ 19 Introduction The principal argument used to deny full citizenship to the (relatively) recent migrants to and within Africa is that they are not really ‘from’ the place. The independent states of Africa need the undivided loyalty of their citizens, and the loyalties of these ‘immigrant’ groups or those of mixed parentage are suspect because of their presumed divided identities. Yet the same states that deny the right of those descended

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