International Comparative Jurisprudence 2024 Volume 10 Issue 1 ISSN 2351-6674 (online) DOI: https://doi.org/10.13165/j.icj.2024.06.007 MANUFACTURING STATELESSNESS THROUGH EXCLUSIONARY CITIZENSHIP LAW: A COMPARATIVE STUDY ON KENYA AND SOUTH AFRICA Cassadee Orinthia Yan1 Maslow Quest Foundation Email: C@mq.org Received: 22 July 2023; accepted: 20 May 2024 DOI: https://doi.org/10.13165/j.icj.2024.06.007 Abstract. Citizenship is an essential aspect of nationality; it is formed by the laws of a country and influences an individual’s rights and freedoms. This article compares statelessness within the Kenyan and South African legal systems, and discusses case law and the views of legal scholars on statelessness in these jurisdictions. The article also reviews international laws that are supposed to ensure citizenship and protect stateless people. Its aim is to strengthen the legal framework of these countries in delivering people’s rights to citizenship or nationality. The reviewed legal framework includes the Constitution of the Republic of Kenya, Kenya’s Citizenship and Immigration Act of 2011, the Constitution of the Republic of South Africa, and the Citizenship Act of 1995. The article also interrogates the memberships of Kenya and South Africa in various international treaties related to the fight against statelessness and ensuring human rights, including the rights of minorities. The article draws similarities between aspects of the Kenyan and South African legal systems which impact statelessness, including discrimination through colonial rule, ethnicity, and gender. Keywords: citizenship, statelessness, minorities, exclusion, Kenya, South Africa Introduction Citizenship is an essential part of a person’s identity as it not only defines their legal status in society, but also defines their participation in the political and economic spheres and provides autonomy (Dronkers & Vink, 2012). However, citizenship laws in some countries can be discriminatory and exclusionary, can deny individuals the opportunity to acquire nationality, and may prolong their statelessness. A stateless person is subject to discrimination, which results in the infringement of their fundamental human rights (Blitz, 2009). This article focuses on the impact of citizenship legislation on stateless individuals in Kenya and South Africa. Both countries have constitutional provisions and legislation regarding the right to citizenship. Notwithstanding these provisions, there are instances of statelessness and discrimination regarding citizenship rights in both countries. Discriminatory citizenship laws directly cause barriers to legal recognition and protection. Those without citizenship face numerous challenges due to their precarious legal standing: they have limited access to education, healthcare, and employment because they lack a recognized nationality (Goris et al., 2009). Moreover, discrimination, exploitation, and the violation of human rights are daily realities for stateless individuals. Their 1 Managing researcher. ORCID ID: https://orcid.org/0009-0005-2737-3434 94