Kenya nn The Constitution of Kenya was amended in 1985, with retroactive effect, to move to a purely descent-based system for the provision of nationality. nn As part of a protracted campaign for constitutional reform that began in the 1990s, child rights groups played an instrumental role in advocating for the inclusion of citizenship provisions to address the situation of street children whose parents were unknown, among other reforms. nn In the Constitution revision process, strong opposition by some politicians and certain church-based groups to the inclusion of a provision which allowed abandoned children to acquire Kenyan nationality was eventually overcome. nn After many years of campaigning and consultation, a new Kenyan Constitution was adopted in 2010, which completely rewrote the existing provisions on citizenship. It stated that every child had the right to a name and nationality from birth and included, for the first time, a statelessness safeguard for children of unknown parents who appeared to be under eight years old. These provisions were elaborated in a new Citizenship and Immigration Act adopted in 2011, which established a procedure for the relevant government department responsible for children and the Children’s Court to determine the nationality of an abandoned child. The new Kenyan Constitution of 2010 completely rewrote the existing constitutional provisions on citizenship. The 1963 Constitution and Citizenship Act had established rules for the acquisition of Kenyan citizenship that were based on standard provisions adopted by Commonwealth countries on attaining independence from Britain. At independence, a person born in the country of one parent who was also born there acquired citizenship of the new State automatically; those born in the country of parents who were immigrants could apply to register as citizens. In relation to children born after independence, the rule was for jus soli attribution of citizenship based on birth in the country. In 1985, however, Kenya amended the constitutional provisions on citizenship based on birth in the country with retroactive effect to independence, and moved to a pure jus sanguinis rule: a child born in the country did not acquire citizenship unless one of the parents was a citizen at the time of birth. Those born outside the country acquired citizenship only through the father. The first important step to protect against statelessness in the 2010 Constitution was the new provision in a rewritten bill of rights that every child had the right to a name and nationality from birth (Article 53(1) (a)). This new right gave constitutional force to a principle already included in the country’s Children Act of 2001.64 The new citizenship provisions ended gender discrimination in transmission of citizenship to children born outside the country. In addition, the new text included a safeguard for children of unknown parents. Article 14(4) provided that: “A child found in Kenya who is, or appears to be, less than eight years of age, and whose nationality and parents are not known, is presumed to be a citizen by birth.” The reform was significant, since neither the 1963 Constitution nor the 1963 Citizenship Act had included such protection for foundlings or children of unknown parents.65 64 Article 11 of the Children Act, 2001, states: “Every child shall have a right to a name and nationality and where a child is deprived of his identity the Government shall provide appropriate assistance and protection, with a view to establishing his identity.” 65 In this they followed the British precedent, where the jus soli tradition had made such a protection seem less important. Britain itself only introduced in 1964 a formal presumption that a foundling would acquire citizenship. 16 CAMPAIGN TO END STATELESSNESS WITHIN 10 YE ARS