CHAPTER SEVEN: CONCLUSION: ANY SOLUTIONS IN SIGHT? Justice Mokgoro of the South African Constitutional Court contends that non-citizens are, generally speaking, vulnerable. 238 The discussion in this study suggests that stateless persons or those at risk of statelessness are in a worse-off position. The upshot of statelessness is to wipe out the essential, basic environment of the exercise of fundamental rights of the individual. 239 Kenya must seriously consider the challenges facing these vulnerable members of society. This research has demonstrated that the problem of statelessness exists and requires further analysis. This phenomenon will continue to rise, if swift action is not taken by the Government and non-state agencies. The Government and other stakeholders can no longer ignore the plight of these human beings as they live in its territory. Legal and policy measures must be undertaken if Kenya is to meet the international and domestic obligations that it owes to the stateless or those at risk of statelessness. As of the moment, though, the following sentiments remain true: I live as a forgotten person. 240 For how long will I be a visitor? 241 It is a life where I have no access to human rights. 242 POSTSCRIPT As of June 2010, rapid constitutional developments were taking place in Kenya. Civic education and campaigns had begun leading to a referendum on 4 August 2010 on the Proposed Constitution of Kenya. The new legal order seeks to introduce a number of fundamental changes. First, it makes provision for children found in the territory. Article 14 of the draft law provides that: Further, under the Proposed Constitution, unlike its current counterpart, both Kenyan men and women can transmit citizenship to children born overseas. 243 Moreover, 238 See Larbi-Odam v Member of the Executive Council for Education (North-West Province) (1998) 1 SA 745 at 757. 239 J.B. Ojwang’, Constitutional Development in Kenya: Institutional Adaptation and Social Change (African Centre for Technology Studies: Nairobi, 1990) at 206. 240 Interview with Simon, Coast Province, 15 September 2009. 241 Interview with Kwesi, Coast Province, 14 September 2009. 242 Interview with Malema, Coast Province, 15 September 2009. 43 OUT OF THE SHADOWS TOWARDS ENSURING THE RIGHTS OF STATELESS PERSONS AND PERSONS AT RISK OF STATELESSNESS IN KENYA