I have been detained due to the lack of an ID. I was taken to [a] police station for a day. I explained that
I was still in school [and they released me].124
In [former President] Moi’s era they [police] used to chase us at night and take us to the cells … . I know
many people who were detained during [this] era. The “crime” was having no ID. 125
There are two strategies that stateless persons or persons at risk of statelessness
in Kenya have adopted to deal with the current situation. As they must travel, the
first measure that some have taken is to offer officials bribes. According to Pumi, ‘we
sweet talk the people who are in charge’. 126 Others were more direct:
Yes, I have been detained due to the lack of documentation. I was detained for eight days. Finally, I had
to bribe my way out. 127
I have been arrested several times by the police. Each time I had to bribe my way out. 128
I must carry money to bribe police at roadblocks. 129
Prior to 2003 I used to be harassed by police who would demand money from me and my friends to
avoid the cells. 130
Respondents in this study suggest that the going rate for a bribe ranges from KShs
200 (USD$ 3) 131 to 500 (USD$ 6). 132 This option could prevent a person from going
to prison and ensure that he or she proceeds with the journey. However, it promotes
corruption. The police have the responsibility of ensuring that the law is observed at
all times, not violated. 133
The lack of an ID consequently forces some to limit their movement. As some explained:
We fear to travel because our Muslim names put us in problems with Government officials. I do not
travel much out of [town]. 134
I am afraid to travel for fear of detention. 135
I am forced to restrict my movement to areas that I am known and where I feel safe. 136
Interview with Mosidisi, Coast Province, 15 September 2009.
Interview with Modibo, Coast Province, 14 September 2009.
126
Interview with Pumi, Western Province, 16 September 2009.
127
Interview with Alain, North Eastern Province, 16 September 2009.
128
Interview with El-Mouhoub, North Eastern Province, 14 September 2009.
129
Interview with Abdel, North Eastern Province, 14 September 2009.
130
Interview with Christo, Nairobi Province, 15 September 2009.
131
Interview with Paulo, North Eastern Province, CC September 2009.
132
Interview with Doumbia, North Eastern Province, 19 September 2009.
133
According to section 14 of the Police Act (1961), law enforcement officials are charged with the
following responsibilities: ’
Maintenance of law and order, the preservation of peace, the protection of life and property, the prevention and detection of crime, the apprehension of offenders, and the enforcement of all laws and
regulations with which it is charged.’
Interview with Esha, Nyanza Province, 18 September 2009.
135
Interview with Sebuleni, North Eastern Province, 14 September 2009.
124
125
22
OUT OF THE SHADOWS TOWARDS ENSURING THE RIGHTS OF STATELESS PERSONS AND PERSONS AT RISK OF STATELESSNESS IN KENYA
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