EXECUTIVE SUMMARY
This research study examines the issue of statelessness within the Kenyan context.
Drawing on fieldwork, it evaluates the human rights violations faced by stateless persons or those at risk of statelessness in the country. The study shows that these persons face difficulties in their quest to enjoy fundamental rights and freedoms relating
to work, movement, education, property and health. The study makes specific policy,
legal and administrative recommendations to various state and non state actors that
could alleviate these challenges as well as reduce the occurrence and the population
of stateless persons or persons at risk of statelessness.
The following are the study’s key findings and recommendations:
Finding one: the legal and administrative framework is not adequate to deal with the
issue of statelessness in the country
Key recommendations are that:
(a)Kenya should accede to and domesticate the Stateless Persons Con
vention and the Convention on the Reduction of Statelessness to protect
stateless persons and to prevent as well as reduce the occurrence of state
lessness.
(b)Kenyan law should both define ‘statelessness’ and specify the rights of
stateless persons as well as those at risk of statelessness. It should specify
clearly the document which confirms conferment of citizenship.
Finding two: nationality laws in Kenya discriminate against various categories of persons and lack safeguards against statelessness
Key recommendations are that:
(c)The Proposed Constitution of Kenya, 2010, provides a better framework
within which the rights of stateless persons or those at risk of stateless
ness may be better protected.
(d)Parliament should review Kenyan laws on citizenship in order to remove
the discriminatory provisions that exist in regard to acquisition of citizen
ship.
Finding three: The committees established to vet persons before issuance of identity
cards are not founded under statute, and they are discriminatory in nature and prone
to abuse
Key recommendations are that:
(e)A law should be enacted that outlines the mandate, scope, composition
and procedures, including appropriate appeal mechanisms, of vetting
committees.
(f) The transparency and accountability of chiefs and village elders who sit
on vetting committees should be strengthened.
(g)Village elders should be paid an allowance for sitting on the vetting com
mittees.
OUT OF THE SHADOWS TOWARDS ENSURING THE RIGHTS OF STATELESS PERSONS AND PERSONS AT RISK OF STATELESSNESS IN KENYA
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