99 • • • • the child was born, should allow the child to acquire its nationality. The Kenyan State could have argued that children of Nubian descent in Kenya could be entitled to the nationality of Sudan. However, nothing indicated that the Kenyan Government had undertaken efforts to ensure that those children acquired the nationality of any other State. The obligation under article 6(4) of the African Children’s Charter was for the State to make sure that all necessary measures were taken to prevent a child from having no nationality. The provisions of article 14(4) of the Constitution of Kenya 2010 were to the effect that a child of less than eight years of age whose parents and nationality were unknown had the right to acquire nationality. The provision was commendable but it did not address the plight of children born in Kenya to stateless persons or who would otherwise be stateless. The African Committee held that the facts on acquisition of Kenyan nationality by children of Nubian descent indicated a case in which the evidence produced was sufficient to enable a decision to be made unless proved false of unfair treatment and the Kenyan State had the burden of challenging the claims of unfair treatment. The Kenyan State was not present in the proceedings and such an engagement was not possible. The African Committee was not convinced that the practice that allowed children of Nubian descent to be stateless for long periods of time and the unfair treatment that included a vetting process was strictly proportional to and absolutely necessary for the legitimate State interest to be obtained. It held that there had been violation of the article 3 of the African Children’s Charter which prohibited unfair discrimination. Article 14 of the African Children’s Charter provided that children had the right to enjoy the highest attainable standard of health. That right included the right to facilities and access to goods and services to be guaranteed to all without discrimination. The underlying conditions for achieving a healthy life were protected by the right to health. The African Committee held that there was in fact inequality in the access to available health care resources, for Nubian children and it could be attributed to their lack of confirmed status as nationals. The health needs of the Nubian children had not been effectively recognised and adequately provided for in the context of the resources available to fulfil the right to health. Nubians in Kenyan had acquired citizenship Article 11(3) of the African Children’s Charter provided through those four ways. The African Committee therefore made the finding that for the right to education. State Parties were obligated to children of Nubian descent had not been left undertake measures to achieve full realisation of that right. stateless. Article 11(3)(a) of the African Children’s Charter required the provision of free and compulsory basic education which necessitated the provision of schools, qualified teachers, equipment and the recognised corollaries of the fulfilment of the right. Nubian children had less access to educational facilities compared to other communities. Their inequality in accessing available educational services and resources could be attributed to their problems in acquiring nationality in Kenya. The Nubian community had been provided with fewer schools CITIZENSHIP AND NATIONALITY RIGHTS CASE DIGEST