(1) Every child shall be entitled to education the provision of which shall be the responsibility of the
Government and the parents.
(2) Every child shall be entitled to free basic education which shall be compulsory …. .
Current Status
Various schools in areas where persons at risk of statelessness were known to reside
in Kenya were visited. Consistent with international and domestic law provisions, no
fee was charged at both the elementary and secondary levels. In the words of a local
administrator:
We treat them [stateless persons or persons at risk of statelessness] equally. Any person who would
like to attend school is given an opportunity and education is provided free. There is no discrimination.
In fact my children attend the same school with some of them. Mind you, some of their children perform better than the local kids. Interestingly, they place more emphasis on education than some local
people. 156
Over one-third (24; 36%) of the respondents at risk of statelessness affirmed that
their children attended school without any difficulty. Aside from the various levies
that most schools in Kenya charge, they did not pay any school fees. 157 The respondents at risk of statelessness placed a lot of emphasis on education as it was seen as a
way of escaping the poverty that has gripped them. 158 Overall, the practice in Kenya
of allowing persons at risk of statelessness to access primary and secondary education institutions is a step in the right direction, and one that is consistent with the
provisions of international and domestic laws.
However, a similar conclusion could not be reached for post-secondary education and
training. Despite desire and determination to advance their studies, many persons at
risk of statelessness faced huge barriers. In particular, several post-secondary education institutions required IDs before they could enrol students. The lack of documentation made it impossible for many persons at risk of statelessness to access institutions to pursue their studies, unlike those with Kenyan or foreign issued IDs. Shauku’s
sentiments underline the challenges that persons at risk of statelessness face in their
attempt to access post-secondary education:
Poverty levels are so high here, and without a good education there is no way that the people in this
village will realize any meaningful form of development. How will they catch up with the rest of the
country if they do not get a decent education? I would very much like to go to university or college to
study Education in order to be able to return and assist the people in this village. However, I do not have
any ID that I could show the authorities. The documents that were issued in school—transcripts and
156
Interview with Boubacar, Coast Province, 18 September 2009.
School fees are not paid in public primary schools in Kenya. However, different levies are imposed
on all parents by schools. The amount of levy varies from school to school.
158
Interview with Salim, Coast Province, 18 September 2009.
157
28
OUT OF THE SHADOWS TOWARDS ENSURING THE RIGHTS OF STATELESS PERSONS AND PERSONS AT RISK OF STATELESSNESS IN KENYA
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