Cassadee Orinthia YAN International Comparative Jurisprudence. 2024, 10(1):94-111. statelessness issue. The KNCHR research underlines the necessity of establishing a clear and precise process for determining statelessness, as the lack of such a framework hampers stateless individuals’ ability to assert their rights. As highlighted above, the idea of descent, whereby citizenship is transferred via blood relations, is a significant feature of Kenyan citizenship legislation. According to the Citizenship and Immigration Act of 2011, a person born in Kenya is a citizen if ‘at the time of the person’s birth, at least one parent is a citizen’. This clause honours the heritage of colonial governance, wherein obtaining citizenship was often dependent on racial and ethnic factors. Ng’weno and Aloo (2019) state that such descent-based citizenship legislation may support discriminatory behaviours and further marginalize specific communities. Kenya’s approach to citizenship is shaped by its immigration history, with considerations extending beyond legal status to include social acceptance and a sense of belonging within the community, as highlighted by Birkvad (2019). The Kenyan viewpoint acknowledges the significance of mobility and stability for immigrants seeking citizenship. An essential component of integration is the capacity to settle and establish roots in a new nation. However, newcomers without ancestry in Kenya may face difficulties due to the state’s inflexible, descent-based citizenship requirements. Moreover, the interplay between ethnicity, conflict, and citizenship is relevant in Kenyan contexts. Deng’s (2018) examination of the experiences of South Sudanese refugees in Nairobi underscores the impact of internal conflict on their sense of identity and belonging. This analysis reveals tensions amongst the Nairobi refugee population, marked by competition and racial conflict. Due to the complexity of their claims to nationality, many South Sudanese refugees encounter challenges in pursuing Kenyan citizenship. The denial of equal opportunities for stateless children has far-reaching consequences, as they are systematically excluded from accessing free education, healthcare, and unrestricted travel, as highlighted by Alfasi and Fenster (2014, p. 411). Such deprivation violates the fundamental principles enshrined in children’s rights, leaving stateless children exceptionally vulnerable: ‘It hinders their ability to find future employment that is both meaningful and significant’ (see Article 2 of the African Charter). The right of children to express themselves without fear of reprisal should be universal. However, it is clear that governments routinely disregard the needs of children without citizenship. A state that does not take steps to end statelessness is, according to Rawls’s view, founded on unfair institutions that are not working to rectify existing inequities (Convention on the Rights of the Child, 1989, Article 3; Preložnjak, 2021). Adopting this approach allows for a more comprehensive assessment of the progress made in Kenya concerning the implementation of nationality legislation and the protection of minority rights for stateless individuals. The issue of statelessness in Kenya mainly affects ethnic minorities, who are unjustly labelled as ‘un-Kenyan’ due to their connections to other states, as noted by van Waas and De Chickera (2017, p. 32). The historical context reveals that the presence in Kenya of immigrants from various parts of the world can be traced back to the colonial era, when the British brought them to work in agriculture and factories (see, for example, the UNHCR study by Manby, 2018b, p. 47). As newly independent republics like Kenya emerged, they faced the challenge of defining citizenship criteria during the post-colonial transition period. According to the Second Schedule of the Kenya Citizenship Act of 1963, residents were required to register and pay a fee to be recognized as Kenyan citizens. Since many in the Nubian community are not Kenyan citizens, they are unjustly denied equal access to public healthcare and education. In addition to facing the challenge of statelessness, half of all Nubian households have an annual income of less than 10,000 Kenyan Shillings, making it difficult to afford even the most basic necessities such as shelter, food, and water. Furthermore, educational opportunities for the Nubian population are limited, with only 2% having completed post-secondary education (Balaton-Chrimes, 2013, p. 331). 102