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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