oath of office, and representatives from the National Security Intelligence Service,
Criminal Investigation Department, Civil Registration and the Immigration Department. As mentioned above, individuals wishing to apply for an ID are required to
produce a letter from the area chief or his or her assistant. The purpose of this letter
is to verify that the applicant is resident in the area where he or she claims to reside
in. Also included is information on the applicant’s family history. The local administrator is required to state the circumstances under which he or she knows the applicant.
This process is based on the assumption that local administrators have sound knowledge of all the people residing in their area. The letter from the local administration
forms part of the application pack that the Vetting Committee uses to assess an individual’s application for an ID.
If the local administrator vouches for a person the chances of the person’s application
succeeding before the Vetting Committee may be high considering that it (local administration) sits in the committee. Conversely, an applicant’s chances diminish significantly if he or she is unable to obtain a positive recommendation letter. This process
is problematic in the sense that it creates an avenue for corruption, as high premium
is placed on recommendation letters. Several respondents claimed that these letters
were sold for a fee.89 According to some, there was corruption in the system.90 There
was, however, little guarantee that an applicant would receive an ID even if he or she
offered a kickback to an official. Zama confessed that she ‘gave out a bribe [to the
local chief to write a supporting letter] but still no identification came out’.91 In the
words of Waly:
The chief is a liar as is the sub-chief. Why do they want bribes even though they see that we have children who were born here yet they cannot get an ID.92
Those individuals who were unable or unwilling to part with a bribe faced a lot of difficulty. Marianne articulated her annoyance in the following words:
My problems arose when my children need IDs because of our Islamic background. The authorities
claim they are non-Kenyan. They [authorities] always ask for bribes for the names to be accepted.93
The fact that chiefs sit on the Vetting Committee may be problematic especially in
situations where an individual had earlier on refused to produce a bribe. If the chief
caves in finally (for persistent applicants) and writes this letter, it is arguable that the
Interview with Fatima, Nyanza Province, 18 September 2009; Interview with Kganadi, Western Province, 19 September 2009.
90
Interview with Jeff, Nyanza Province, 14 September 2009; Interview with Ismael, North Eastern Province, 14 September 2009.
91
Interview with Zama, Nyanza Province, 16 September 2009.
92
Interview with Waly, Coast Province, 15 September 2009.
93
Interview with Marianne, Nyanza Province, 14 September 2009.
89
16
OUT OF THE SHADOWS TOWARDS ENSURING THE RIGHTS OF STATELESS PERSONS AND PERSONS AT RISK OF STATELESSNESS IN KENYA
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