Acquisition of nationality through naturalization At the time of Kenya’s independence, only 42 tribes were recognized as Kenyan, which did not include the Makonde. The concept of the 42 indigenous tribes of Kenya does not have a constitutional or legislative basis but is commonly shared by government officials.86 Belonging to one of the indigenous tribes is commonly understood in Kenya as a determinant of full inclusion in Kenyan society and a feature of citizenship.87 Exclusion from the 42 indigenous tribes meant that the Makonde were not recognized as citizens or included in any of the population registration databases, despite most Makonde residing in Kenya since before independence. Consequently, the Makonde (and other ‘non-indigenous’ ethnic groups) faced significant procedural difficulties when applying for Kenyan ID cards.88 The Kenyan ID card is the main form of proof of nationality and is the most important documentary proof of identity in the country.89 In 1985, the President of Kenya amended the Constitution to remove the right to citizenship based on birth in Kenya. Descent was deemed to be the only basis for citizenship. The Constitution applied retroactively to the date of independence. As a result, proving Kenyan citizenship required showing that a parent had either acquired citizenship automatically, or by registration or naturalization.90 The constitutional amendment thus excluded a number of communities from Kenyan citizenship, particularly the descendants of groups who arrived in Kenya before or soon after independence such as the Makonde. 86 Samantha Balaton-Chrimes, Ethnicity, Democracy and Citizenship in Africa: Political Marginalization of Kenya’s Nubians (Ashgate, 2015) page 26, 80-81. 87 Ibid, page 26. 88 Samantha Balaton-Chrimes, Statelessness, Identity Cards and Citizenships as Status in the Case of the Nubians of Kenya (2014) 18(1) Citizenship Studies 15-16; Declaring tribe or race on the ID application form was a statutory requirement for obtaining a Kenyan Identity Card until the legislation was amended in 2018. See Registration of Persons Act, s 5(1)(d) (formal title – Cap 107, Laws of Kenya). 89 Samantha Balaton-Chrimes, Ethnicity, Democracy and Citizenship in Africa: Political Marginalization of Kenya’s Nubians (Ashgate, 2015) 68; Samantha Balaton-Chrimes, Statelessness, Identity Cards and Citizenships as Status in the Case of the Nubians of Kenya (2014) 18(1) Citizenship Studies 16; See also Kenya National Human Rights Commission, An Identity Crisis? A Study on the Issuance of National Identity Cards in Kenya, 2007, 5, available at: http://www.knchr.org/Portals/0/ EcosocReports/KNCHR%20Final%20IDs%20Report.pdf 90 Bronwen Manby, Citizenship in Africa: The Law of Belonging (Bloomsbury, 2019), page 182. 66 U N H C R > G P P A C T I O N 1 : R E S O LV I N G E X I S T I N G M A J O R S I T U AT I O N S O F S TAT E L E S S N E S S