The Registration of Persons Act is silent with regard to appeals procedures which failed applicants may use, while the Citizenship Act states that the decisions of the [Immigration] ‘Minister’ are ‘final’ and ‘not subject to appeal or review’.83 He or she is also not required to give ‘any reason’ for his or her decision. Rejected applicants who ultimately are unable to ascertain their Kenyan nationality face the risk of becoming stateless if they do not possess any other nationality or other State to turn to. Although the process of obtaining an ID appears straight forward in theory, the reality paints a different picture. Experience shows that it is not as ‘smooth’ as the Government claims.84 Half of the officials (19) and individuals (34) who participated in this study expressed concerns with the procedures that Kenya uses to process ID applications. Some of the issues raised included corruption in the system, delays and tedious formalities. Criticisms were also levelled against the Vetting Committees. Vetting Committees were established in border districts to screen applications for IDs that were lodged in these areas,85 ‘where the same ethnic community spills over into the neighbouring country’.86 The committee also has a presence in Nairobi and Kisumu to scrutinize applications lodged by Nubians and Muslims, respectively.87 Notably, these committees were not created by statute. Rather, the institution came about as a result of Government administrative interventions first introduced into the application process in 1988, owing to security concerns particularly about individuals coming from Somalia. The committee was established to scrutinize applications lodged by ethnic Somalis in order to ensure that only genuine (read: Kenyan) citizens particularly by birth and descent received IDs.88 Thirty four officials and nineteen individuals that participated in this study had issues with the Vetting Committee in particular and the process of acquiring IDs in general. The way the Vetting Committee discharges its mandate and its composition raise concerns. On composition, the committee is made up of the area’s District Officer (who is also its chairperson), chief or assistant chief, appointed community elders who have to take an Section 9. Government of Kenya, Presentation to Nairobi Province Vetting Committee Members (19 January 2005) (on file with the consultant). 85 According to the NRB, supra, note 78, ‘These committees were established in all areas with a concentration of persons from border communities for ease of identification’. 86 NRB, supra, note 78. 87 Interview with Fatima, Nyanza Province, 18 September 2009; Interview with Kazoni, Nairobi Province, 1 October 2009. 83 84 Interview with Kazoni, Nairobi Province, 1 October 2009. 88 15 OUT OF THE SHADOWS TOWARDS ENSURING THE RIGHTS OF STATELESS PERSONS AND PERSONS AT RISK OF STATELESSNESS IN KENYA