of the Kenyan Constitution 144 and international human rights law. 145 Other Kenyan identity card holders are hardly required to produce their great grandparents’ IDs. This precondition is also unreasonable and onerous for applicants. It is doubtful whether other applicants would be able to produce these documents, if requested. The experience also underscores the many opportunities that some have to forego owing to Government bureaucracy. Exception to the Rule In the course of the research a particular administrative practice relating to people originating from Pemba Island (Tanzania) surfaced. This community resides in the Coast Province and arrived in Kenya in the early 60s. Their relationship with the other communities was, overall, cordial. Their children studied in local schools and spoke the local language, including Swahili and English. Many had integrated well into the country. They could even travel outside of the country. A Government administrator 146 noted: Those from the Island of Pemba who wish to travel home for any reason have no problems. Often they would come to my office to seek authorization. I usually issue a letter, with details of the person’s name, their dependants (if any) that are accompanying the individual and the number of days that he or she intends to be away. The individual would have to present this letter to Kenyan Immigration Officials in order to be allowed to leave and re-enter the country. However, one has to be back on or before the date stated on the authority letter. 147 The arrangement is commendable as it guarantees persons of Pemban origin a certain level of freedom to move. However, this initiative could be criticized at a number of levels. Primarily, the right to travel is limited only to one part of a country. Second, it is rather curious that permission to travel to Pemba has to be lodged with the local administrator, not the Immigration Department, which is charged with the responsibility See section 82. Subsection 3 of this section defines ‘discrimination’ as ‘affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, tribe, place of origin or residence or other local connection, political opinions, colour, creed or sex …. .’ 145 See article 7 of the UDHR. See also article 26 of the ICCPR (providing that ‘all persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status’) and the preamble to the Banjul Charter (setting out one of its objectives as removing all forms of ‘discrimination, particularly those based on race, ethnic group, color, sex, language, religion or political opinions’). 146 It should be noted that the research did not interview any respondent originating from Pemba Island to confirm if they are citizens of Kenya or any other country. The actual situation of this particular group warrants further examination to ascertain what nationality they hold. 147 Interview with Salim, Coast Province, 18 September 2009. 144 25 OUT OF THE SHADOWS TOWARDS ENSURING THE RIGHTS OF STATELESS PERSONS AND PERSONS AT RISK OF STATELESSNESS IN KENYA