Joining a local support ‘group’ was one of the main challenges that Lerato faced owing to her status. 199 Further, Zama noted that she could not apply for a loan from the
women’s group ‘because of lack of identification’. 200 Support groups play a vital role
in the life of many people in Kenya. Unlike financial institutions, which usually require
collateral, the requirements for borrowing from these groups are usually lenient.
Similarly, the rate of repayment of a loan is normally lower compared to most financial institutions. Moreover, these groups act as centres for socializing and exchanging
ideas between members.
The fact that respondents at risk of statelessness are unable to open bank accounts or
apply for loans from banks or local support groups has serious consequences on their
lives and livelihoods. Persons in employment—self or formal—face a lot of difficulty
managing their finances. For those who are paid in cash, some have to store it in their
houses. Christo, for instance, saves money ‘in a box at home’, because he is ‘unable to
access banking services’.201 This is notideal considering the risks involved particularly
fire and theft. Payment by cheque, which is the usual mode of compensation in business and/or employment circles, would not work as they do not hold accounts with financial institutions. This reality has forced some to use their friends and/or relatives.
According to Miriam, ‘For M-PESA I give my friends’ mobile numbers’. 202 Some use
their ‘friends IDs to collect money’. 203 Ali relies on ‘people who know [him] to vouch
for [his] honesty and integrity to seal deals’. 204
The Right to Property
My great-great-grandfather was brought to Kenya by Arab slave traders. I was told that they passed
through Zanzibar on their way to the country. They were settled in the Coastal province where they
worked for the Arabs in their farms. At the end of slavery and slave trade the Arabs had to leave. They
gave the surviving slaves the farms on which they used to work. In this area in particular the land that
was bequeathed is about 1,300 acres. Every family has its own portion, although the title is in the name
of one person, whom I believe is long dead. I am waiting for the Government to sub-divide the property.
Although I am now very old, I will still be able to do something with the land.205
Of the 1,300 acres in this farm, my family owns about 40 acres. At the moment my uncle manages the
property on our behalf. I look forward to the day the land will be divided so that we could have our own
title deed. 206
Interview with Fernando, Coast Province, 14 September 2009.
Interview with Zama, Nyanza Province, 16 September 2009.
201
Interview with Christo, Nairobi Province, 15 September 2009.
202
Interview with Miriam, Coast Province, 15 September 2009. M-Pesa is a system of transferring
money through the mobile service provider.
203
Interview with Eric, Coast Province, 15 September 2009.
204
Interview with Ali, Nairobi Province, 15 September 2009.
205
Interview with Mnisi, Coast Province, 16 September 2009.
206
Interview with Shauku, Coast Province, 16 September 2009.
199
200
34
OUT OF THE SHADOWS TOWARDS ENSURING THE RIGHTS OF STATELESS PERSONS AND PERSONS AT RISK OF STATELESSNESS IN KENYA
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