Thus, upon subdivision of the 1,300 acres, Mnisi would be able to deal with his portion in any manner that he deems fit. He could sell it to a third party, lease it or use the land as security for a loan as he holds an ID. By contrast, as Shauku is not recognized as a citizen, he would not be able to deal in the land, unless the president waives the citizenship requirement. 212 Piet and Dlamini describe the challenges persons at risk of statelessness face in relation to owning immovable property such as land: I cannot own my own shamba (farm). People are reluctant to sell their land to us. [Maybe] they want us to bribe them. 213 We live like visitors yet we have been in [Kenya] for over 30 years. The farms were divided and I paid for a plot, but I do not have a title deed as I do not have an ID. 214 When asked what his future hopes and aspirations were, Todil stated: to own ‘a farm as I am now old and would like to stay on a farm with my partner’. 215 Eleven (16%) of the persons at risk of statelessness that were interviewed expressed concerns with Kenya’s land ownership and transfer system. Just over one-third (8; 24%) of the officials who participated in this study also criticized this regime. For persons at risk of statelessness the situation is quite serious. In the first place, some farmers were forced to rent land. 216 While through this option these individuals may be able to continue farming, and thereby earn an income, it is notideal in the sense that renting is not a permanent solution. If the owner decides not to renew the agreement, there is very little a tenant could do, provided adequate notice has been given. Further, unlike Mnisi, those who are stateless cannot offer their land as security in order to obtain loans from banks and micro-finance institutions. As mentioned earlier, the lack of access to external financial support has serious consequences for the lives and livelihoods of persons at risk of statelessness. Moreover, being deprived of the right to own property prohibits individuals from engaging in certain trades such as land buying and selling in their own names. The situation is a bit different for those wishing to bequeath their property, including agricultural land. Under the terms of the Law of Succession Act (1981) every person is eligible to make a will, as long as he or she meets certain age and psychological requirements. 217 Notably, there is no citizenship test to be met. Thus, if Shauku’s father Section 24 of the Land Control Act. Interview with Piet, Coast Province, 15 September 2009. 214 Interview with Dlamini, Coast Province, 14 September 2009. 215 Interview with Todil, Coast Province, 15 September 2009. 216 Interview with Sada, Coast Province, 15 September 2009; Interview with Piet, Coast Province, 19 September 2009. 217 See section 5 of the Law of Succession Act (‘any person who is of sound mind and not a minor may dispose of all or part of his free property by will’). But, according to Thomas, one of the challenges facing 212 213 36 OUT OF THE SHADOWS TOWARDS ENSURING THE RIGHTS OF STATELESS PERSONS AND PERSONS AT RISK OF STATELESSNESS IN KENYA