Acquisition of nationality through naturalization
Combined advocacy efforts to improve the implementation of
the registration procedure
STEPS IN 2014
Since 1995, the Makonde advocated to be recognized as Kenyan citizens.105 However,
implementation of the reformed citizenship legislation remained slow. The Makonde
(and other stateless communities) remained without access to civil documentation
including birth, marriage and death certificates. UNHCR identified that a general
obstacle to efforts to regularize nationality status was a lack of specific information on
affected populations.106 To address this shortcoming, UNHCR conducted a study in
October 2014 to “[c]ollect specific and quantifiable data on all dimensions relevant to the
definition of the nationality status of the Makonde population in Kenya”.107
Throughout 2014, UNHCR provided training on statelessness to government and
civil society stakeholders. UNHCR also convened the first National Roundtable on
Statelessness in Kenya on 3 December 2014 to reflect on the current statelessness
situation and identify the best way forward. The 52 participants at the National
Roundtable represented different Government departments108, UNHCR and civil society
organizations. This was an opportunity for advocates to raise concerns that although
the Nubian community was increasingly able to access nationality documentation in
recent years, the situation had not improved for other stateless and at-risk populations.
UNHCR presented the preliminary findings of its study on the nationality status of the
Makonde to raise awareness of the low level of access to documentation, with only a
105 Kazungu Samuel and Fadhili Fredrick, ‘For the Makonde, challenges abound a year after receiving Citizenship’, Daily
Nation, 26 March 2018, available at: https://www.nation.co.ke/news/Challenges-abound-for-the-Makonde-community/10564358542-lqp9qrz/index.html
106 UNHCR Kenya, Integrated but Undocumented: A Study into the Nationality Status of the Makonde Community in Kenya,
February 2015, 3, available at: https://www.khrc.or.ke/mobile-publications/equality-and-anti-discrimination/68-makondecommunity-assessment/file.html
107 The study was conducted in partnership with Haki Centre, Kenya Human Rights Commission, Haki Africa and Open Society
Initiative for Eastern Africa. See Integrated but Undocumented: A Study into the Nationality Status of the Makonde
Community in Kenya, February 2015, page 3, available at: https://www.khrc.or.ke/mobile-publications/equality-and-antidiscrimination/68-makonde-community-assessment/file.html
108 The following Government departments were represented: the Kenya National Bureau of Statistics, the National
Registration Bureau, the Department of Immigration Services, the Department of Children Services, the Department of
Refugee Affairs now Refugee Affairs Secretariat, the Office of the Attorney General, the Kenya National Commission on
Human Rights, the National Gender and Equality Commission, the Commission for the Implementation of the Constitution,
the County Commissioner of Garissa and Assistant County Commissioners of Mombasa, Tana Delta and Wajir where
stateless populations were known to reside.
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