Cassadee Orinthia YAN International Comparative Jurisprudence. 2024, 10(1):94-111. 3. Kenyan citizenship laws and statelessness A comprehensive understanding of Kenyan perceptions of citizenship laws and statelessness requires the consideration of historical, legal, and social factors. The legal framework for citizenship in Kenya was established by the Citizenship Act (2010) and amended by the Citizenship and Immigration Act (2011). Furthermore, academic works by Muimi (2021), Ng’weno and Aloo (2019), and Birkvad (2019) shed light on the intricate matrix of issues surrounding citizenship. The complex history of Kenya’s citizenship rules requires careful examination. Article 14 of the current Constitution of Kenya, ratified in 2010, guarantees citizenship at birth for individuals born in Kenya or to a Kenyan parent outside the country, provided that they do not acquire citizenship of another nation. However, this provision has repeatedly been challenged, and the Kenya Citizenship and Immigration Act was passed in 2011 to address these concerns. This Act provides detailed guidelines on citizenship and immigration matters in Kenya. Article 6 of the Act defines citizenship by birth, stipulating that at least one parent must be a Kenyan citizen at the time of the child’s birth. Nonetheless, the law acknowledges that a child born in Kenya may still be stateless and offers provisions for their registration as a Kenyan citizen in specific circumstances. According to Section 7 of the Act, ‘a person born in Kenya after the effective date shall be a citizen by birth if, at the time of delivery, that person has at least one parent or grandparent who is or was a citizen of Kenya by birth’ (see also, Constitution of Kenya, 2010, Article 14). These legal provisions demonstrate Kenya’s efforts to address citizenship issues while recognizing the potential vulnerability of individuals at risk of statelessness. The statute provides detailed guidelines for the registration and naturalization processes by which one may acquire Kenyan citizenship. As outlined in Section 8, the applicant must have been a permanent resident of Kenya for at least 7 years and have a valid work permit or exemption from requiring one. Similarly, Section 9 stipulates that an applicant must have been a resident of Kenya for at least 7 years, possess a valid work visa or exemption, and exhibit good character: ‘A person who has been lawfully resident in Kenya for a continuous period of at least seven years and who satisfies the prescribed requirements may apply to be naturalized as a citizen of Kenya’ (Citizenship and Immigration Act, 2011, Article 13). Despite these efforts, many individuals in Kenya remain without citizenship. Research conducted by the Kenya National Commission on Human Rights (KNCHR) reveals that approximately 18,500 people lack a nationality, with a further 6,000 individuals at critical risk of statelessness (Albarazi, 2014; KNCHR & UNHCR, 2010). This study brings to light various factors contributing to statelessness, including a lack of paperwork, inter-ethnic marriages, and a dearth of constitutional safeguards protecting citizenship rights. The hardships faced by stateless individuals in Kenya extend beyond the absence of citizenship, as they are systematically denied access to vital services such as employment, healthcare, and education. Stripped of legal protections, stateless individuals are at risk of being detained and deported. The KNCHR study puts forth a range of actionable recommendations to address this pressing issue. These include the establishment of a formal process for determining statelessness, the provision of documentation to those affected, and the introduction of explicit provisions for citizenship within the constitutional framework. Kenya has made commendable progress in addressing statelessness. In 2016, the government launched a campaign to identify stateless people and provide them with identification cards, thereby giving them access to essential services and protecting them from incarceration and deportation. Remarkably, the campaign successfully registered more than 12,000 stateless people. However, challenges persist, and further steps are required to solve Kenya’s 101

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