96 and arbitrariness for the acquisition of identity documents, the Commission considered that Kenya had failed to recognize the legal status of Nubians, in violation of article 5 of the Charter. • Nubians had severally been evicted from Kibera with no provision made for alternative housing; no compensation provided to the displaced and no notice of such evictions given to the occupants. The respondent State had not refuted any of those allegations. It had not also shown the public interest that necessitated these evictions nor had the legal framework within which the evictions were carried out been advanced. Evictions were carried out without due process of law and in total disregard of the respondent State’s international human rights obligations. The Commission considered that the property rights of the Nubians in Kibera had been encroached on, in violation of article 14 of the Charter. If a State Party failed to respect, protect, promote or fulfil any of the rights guaranteed in the Charter, that constituted a violation of article 1 of African Charter. In the present Communication, the Commission had reached the conclusion that the respondent State’s conduct was in violation of articles 2, 3, 5, 12, 15, 16, 17 (1) and 18 of the Charter. The Commission therefore found as a consequence a violation of article 1 of the Charter. Complaints allowed. Orders: i. The Republic of Kenya violated articles 1, 2, 3, 5, 12, 13, 14, 15, 16, 17 (1) and 18 of the African Charter on Human and Peoples’ Rights; ii. The Commission requested the Republic of Kenya to a. Establish objective, transparent and non-discriminatory criteria and procedures for determining Kenyan Citizenship; b. Recognize Nubian land rights over Kibera by taking measures to grant them security of tenure; c. Take measures to ensure that any evictions from Kibera were carried out in accordance with international human rights standards. d. Inform the Commission, in accordance with Rule 112 (2) of the Commission’s Rules of Procedure, within one hundred and eighty days (180) of the notification of the instant decision of the measures taken to implement the present decision. CITIZENSHIP AND NATIONALITY RIGHTS CASE DIGEST