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and an unreasonably lower share of available resources in the sphere of education. That,
according to the African Committee was unfair.
The African Committee found multiple violations of articles 6(2), 6(3) and 6(4), article 3,
article 14(2), 14(2)(b), 14(2)(c) and 14(2)(g) and article 11(3) of the African Children’s
Charter by the Government of Kenya. It made the following recommendations: i)
That the Government of Kenya should take all necessary legislative, administrative,
and other measures in order to ensure that children of Nubian decent in Kenya,
that were otherwise stateless, could acquire a Kenyan nationality and the proof of
such a nationality at birth.
ii) That the Government of Kenya should take measures to ensure that existing
children of Nubian descent whose Kenyan nationality was not recognised were
systematically afforded the benefit of those new measures as a matter of priority.
iii) That the Government of Kenya should implement its birth registration system in
a non-discriminatory manner, and take all necessary legislative, administrative,
and other measures to ensure that children of Nubian descent were registered
immediately after birth.
iv) That the Government of Kenya should adopt a short term, medium term and
long term plan, including legislative, administrative, and other measures to ensure
the fulfilment of the right to the highest attainable standard of health and of
the right to education, preferably in consultation with the affected beneficiary
communities.
v)
That the Government of Kenya should report on the implementation of the
recommendations within six months from the date of notification of the decision
herein. In accordance with its Rules of Procedure, the Committee would appoint
one of its members to follow up on the implementation of the decision herein.
CITIZENSHIP AND NATIONALITY RIGHTS CASE DIGEST
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