Charter on Human and Peoples’ Rights27 (‘Banjul Charter’) generally extend human rights protection to everyone within the State’s jurisdiction, including stateless persons. Whilst Kenya is not party to the Stateless Persons Convention and the Convention on the Reduction of Statelessness, it is party to the ACRWC,28 CRC,29 ICCPR,30 CEDAW31 and the Banjul Charter.32 The ratification of these treaties is an unequivocal commitment by the Government to promote and protect fundamental international human rights. Passage of law by itself though is insufficient. Practical steps must be taken to ensure that the promises contained in these instruments are translated into accessible and enjoyable rights. This study examines the extent to which law meets practice, as well as inherent legislative gaps. Causes of Statelessness in Kenya The causes of statelessness in Kenya can be grouped into two broad categories: legal and administrative. Kenyan national laws pertaining to the acquisition, restoration, retention and loss of citizenship have gaps which allow or fail to prevent statelessness. Acts of Parliament, such as the Constitution and the Kenya Citizenship Act,33 contain provisions relating to the renunciation of citizenship and the deprivation of citizenship that do not include safeguards to protect individuals from being rendered stateless. The law does not contain adequate guarantees to ensure that children who would otherwise be stateless can acquire Kenyan nationality. The current Constitution also does not provide adequate protection to children. A number of provisions also discriminate on the grounds of gender. For those born in Kenya, the law is gender neutral when it comes to acquisition of nationality by descent. As Kenyan legislation has not developed adequate provisions in relation to the statelessness problem, the current legal framework cannot prevent new cases of statelessAfrican (Banjul) Charter on Human and Peoples’ Rights (‘Banjul Charter’), adopted 27 June 1981, OAU Doc. CAB/LEG/67/3 rev. 5, (entered into force 21 October 1986). 28 Ratified 25 July 2000. See http://www1.umn.edu/humanrts/instree/afchildratifications.html (26 October 2009). 29 Ratified 30 July 1990. See http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_ no=IV-11&chapter=4&lang=en (accessed 25 October 2009). 30 Acceded 1 May 1972. See http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_ no=IV-4&chapter=4&lang=en (accessed: 25/10/2009). 31 Acceded 9 March 1984. See http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_ no=IV-8&chapter=4&lang=en (accessed 25 October 2009). 32 Ratified 23 January 1992. See http://www1.umn.edu/humanrts/instree/ratz1afchr.htm (accessed 26 October 2009). 33 Cap. 170, 27 5 OUT OF THE SHADOWS TOWARDS ENSURING THE RIGHTS OF STATELESS PERSONS AND PERSONS AT RISK OF STATELESSNESS IN KENYA