Acquisition of nationality through naturalization
Law reform enabling acquisition of nationality by registration
CIVIL SOCIETY ADVOCACY
For many years, local civil society organizations and the Catholic Church in Kwale
advocated with the county and the national Government to recognize as nationals
the Makonde who had arrived in the 30s. Other advocacy messages were directed at
the Government task force for the Identification and Registration of Eligible Stateless
Persons as Kenyan Citizens.91 These advocacy efforts raised a number of concerns
including Kenya’s long history of discriminatory practices in issuing citizenship
documents.92 Women’s and children’s rights movements also lobbied the Government.93
After numerous complaints by a large number of affected persons, the issue was lodged
with the Kenya National Commission on Human Rights (“Commission”). In 2007, the
Commission released a report on the issuance of national identity cards. The report
concluded that “specific ethnic groups face almost unsurmountable challenges in
obtaining ID cards” for a number of reasons, including a weak legislative framework
and systemic discrimination.94 The Commission made a number of recommendations
for review of the Constitution and the legislative framework related to citizenship and
entitlement to Kenyan ID cards.
REFORM OF THE CONSTITUTION IN 2010
The Kenyan Government responded to the concerns raised by the Commission. In 2010,
following a referendum, Kenya adopted a new Constitution with a revised chapter on
citizenship. The 2010 Constitution retains descent from either parent as the basis for
citizenship. However, for the first time, the Constitution provides that every citizen is
91
The Gazette Notice No. 7881 stipulates that the Terms of Reference of the task force was to: (a) identify all persons who are
claiming stateless person status in Kenya; (b) develop vetting, verification and eligibility criteria for stateless persons to be
used together with a comprehensive stateless persons database; (c) develop modalities, timelines and cost estimates for
the identification and registration of stateless persons in Kenya; (d) develop a sensitization programme for Kenya host
communities for the seamless integration of stateless persons; (e) examine and recommend an appropriate legal and policy
framework for the identification, registration and integration of stateless persons; and (f) identify emerging international
best practices in the management of stateless persons in the context of national security. The first Task Force was
established in 2015, and a second was established in August 2019.
92 Bronwen Manby, Citizenship in Africa: The Law of Belonging (Bloomsbury, 2019), page 189.
93 Ibid.
94 Kenya National Human Rights Commission, An Identity Crisis? A Study on the Issuance of National Identity Cards in Kenya,
2007, page 24.
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