95 of movement, their right to property, to work, to education, to protection of the family and vulnerable groups, to economic, social and cultural development and their right to a general satisfactory environment under the African Charter of Human and Peoples’ Rights Summary of judgment • • • • • • On whether the complainant had exhausted local remedies, the African Commission agreed with the complainants that local remedies were unavailable. A remedy was considered available if the petitioner could pursue it without impediment. After more than four years, there did not seem to be any realistic prospect of the complainants’ case being heard. The African Commission noted that the Kenyan Government had been sufficiently aware of the plight of the Nubians to the extent that it could be presumed to know the situation prevailing within its own territory as well as the content of its international obligations. The Nubian community were treated differently from other Kenyans in the acquisition of ID documents which constituted proof of their nationality. It was also not in dispute that the only reason for that differential treatment was their ethnic and religious affiliations. Differential treatment without objective justification and which had the effect of imposing burdens on a particular segment of society and impairing their dignity was unfair and discriminatory. The complainants had demonstrated that in order to acquire ID documents, significant burdens were placed on them merely on account of their ethnic and religious background. As a result of those burdens many individuals from the Nubian community faced many challenges in acquiring IDs. Without IDs, they were unable to enjoy a broad range of rights guaranteed in the Charter, such as the right to free movement, The Commission considered that the property the right to education, the right to work under rights of the Nubians in Kibera had been on, in violation of article 14 of the equitable and satisfactory conditions. The lack of IDs encroached Charter. cards also effectively rendered many Nubians stateless and liable at any point in time to expulsion or arrest. This certainly was an insult to their dignity as human beings deserving of equality with other Kenyans and equal protection of the laws governing Kenyan citizenship. Adopting an arbitrary measure, such as the vetting process, which had no basis in Kenyan law, was prone to abuse, and which placed significant burdens on a minority ethnic group and makes them vulnerable to further marginalization was irrational and consequently unjustifiable Kenyan Nubians were unfairly discriminated against in the acquisition of identity documents solely on account of their ethnic and religious affiliations, which assailed their dignity as human beings who were inherently equal in dignity. By failing to take measures to prevent members of the Nubian Community from becoming stateless and by failing to put in place fair processes, devoid of discrimination CITIZENSHIP AND NATIONALITY RIGHTS CASE DIGEST