Nonetheless he persisted and the committee eventually agreed to accept his application. His documents were processed and sent subsequently to Nairobi for verification. This application was rejected in 2006 on the ground that the tribal code was ‘illegal’. 103 In other words, the Government could not issue an ID as the tribe that he had mentioned was not one that was recognized as an official tribe in Kenya. Upon inquiry on the way forward, Shauku was advised by a Registration Official to lodge a fresh application. He was advised to put down his mother’s tribe, which was a local tribe. In keeping with this advice, he lodged a fresh application in 2006. Shauku continued: In October 2006 I was called to appear before the Vetting Committee. I thought I was being called to collect my [ID]. However, this was not the case. My happiness was short-lived as I was arrested by law enforcement officials and taken to the cells. I tried to ask why I was being arrested, but they refused to answer my questions. Later on I was charged with the following counts [: (I) procuring execution of a document on false pretence, contrary to section 355 of the Penal Code; (II) giving false information to a public servant, contrary to section 129(a) of the Penal Code; (III) attempting to procure registration by false pretences, contrary to section 320 of the Penal Code; and (IV) being unlawfully present in Kenya, contrary to section 13(2) of the Immigration Act]. The case proceeded to full trial. Fortunately, the Magistrate ruled in my favour. I was acquitted in February 2008 on all grounds, save for ground I. Even so, as of [September 2009], I had not been issued with an ID, despite the court’s finding that I am a Kenyan citizen by birth [on the basis of section 89 of the Constitution]. I have taken the court’s decision to the Registration Officials, but they are yet to act. I am still waiting. Hopefully, one day by the grace of Allah I will obtain this document.104 Shauku’s experience demonstrates the difficulties that persons born of parents of foreign descent face when applying for IDs. This study met several applicants who had altered intentionally some of their biographical details. Those with ‘wrong’ tribal codes or names would change them: My child had a rough time getting an ID. The [chief] asked me to lie about my tribe, but I did not. … There are some of my brothers who said they were _ [a local tribe] and not _ [a foreign tribe]. …. I did not betray my tribe. 105 The sub-chief tried to get a bribe off me so that I could be allowed to change my name to get an ID. 106 Those with Islamic-sounding names would replace them with English names or not disclose these names altogether so as not to arouse any suspicion. Officials were aware of this mode of operation. Drawing on experience, Santos, a Registrar of Persons, and Amadu, a Government Administrator, informed this study that some applicants lied in their applications by altering their names. 107 Ibid. Ibid. 105 Interview with Alfonso, Coast Province, 17 September 2009. 106 Interview with Waly, Coast Province, 15 September 2009. 107 Interview with Santos, Coast Province, 16 September 2009; Interview with Amadu, Coast Province, 17 September 2009. 103 104 18 OUT OF THE SHADOWS TOWARDS ENSURING THE RIGHTS OF STATELESS PERSONS AND PERSONS AT RISK OF STATELESSNESS IN KENYA