Acquisition of nationality through naturalization
some Kenyans of Somali ethnicity, coastal Arabs, the Waata,75 Daasanach,76 Pare77,
Sakuye78, and Munyoyaya79 whose access to Kenyan identity documents is limited.80 As
the good practices in Kenya to date primarily relate to resolution of the statelessness of
the Makonde population, this chapter will focus on these efforts.
The first generation of the Makonde community arrived in Kenya during the first half of
the twentieth century from Northern Mozambique, recruited by the British Government
during the colonial period to work mainly on sisal, sugar and other plantations in the
coastal counties of Kwale and Kilifi, and in the hills of Taita Teveta.81 Other Makonde
came to Kenya as exiled freedom fighters and refugees from the Mozambican civil
war. In both situations, their descendants remained in Kenya.82 When Kenya gained
independence in 1963, transitional provisions were established governing who
automatically became a citizen of Kenya at independence. Automatic acquisition of
citizenship applied to a person born in Kenya who at the time of independence was a
citizen of the United Kingdom and Colonies or a British protected person, provided one
parent was also born in Kenya.83 The Makonde did not automatically become Kenyan
under these transitional provisions, since few were born in the country or had parents
born in the country. Individuals who did not automatically qualify as citizens but met
certain conditions could register as Kenyans within two years, until 12 December 1965.84
Many of the Makonde were eligible to register as citizens, but did not do so for various
reasons, including due to the costs involved, because they eventually expected to
return to Mozambique, or because they were unaware of the requirement to register for
citizenship.85
75
76
77
78
79
80
81
82
83
84
85
Living in Tana River, Lamu counties and at the border with Somalia.
Living in Turkana country and at the border with Ethiopia.
Living in Taita Taveta county and at the border with Tanzania.
Living in Marsabit and Isiolo Counties.
Living in Tana River.
The nationality of populations living in border regions is often contested because they are on both sides of the border. In
addition to contested nationality, the Government does not have registration offices in the areas where they reside, leaving
them with very limited options to seek identification documents and birth certificates
UNHCR, “This is Our Home”: Stateless Minorities and Their Search for Citizenship, 2017, page 40, available at:
https://www.unhcr.org/ibelong/wp-content/uploads/UNHCR_EN2_2017IBELONG_Report_ePub.pdf.
Ibid.
Constitution of Kenya 1963, Section 1(1); Bronwen Manby, Statelessness and Citizenship in the East African Community,
UNHCR, September 2018, page 47, available at: https://data2.unhcr.org/en/documents/download/66807
Constitution of Kenya 1963, Art. 2. Available at: http://kenyalaw.org/kl/fileadmin/pdfdownloads/1963_Constitution.pdf
Bronwen Manby, Statelessness and Citizenship in the East African Community, UNHCR, September 2018, page 48,
available at: https://data2.unhcr.org/en/documents/download/66807
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