Cassadee Orinthia YAN International Comparative Jurisprudence. 2024, 10(1):94-111. The Kenyan Citizenship and Immigration Act of 2011 recognizes stateless persons under Article 15, and the Kenyan Constitution has taken steps to eliminate gender discrimination in the naturalization process. However, the Act is notable for the critical lack of information explaining the vetting process that must be completed in order to acquire citizenship. This omission has hindered the effective implementation of the law in dealing with the problem of stateless individuals. The Kenyan Citizenship and Immigration Regulations of 2012 also provide limited guidance on how to apply to the Cabinet Secretary when seeking citizenship through registration, as highlighted by the African Committee of Experts on the Rights and Welfare of the Child (2017, p. 8). According to Masabo (2021), Kenya’s citizenship laws are primarily based on the principle of jus soli, granting citizenship to those born on Kenyan land. For those who cannot prove that they were born on Kenyan land, determining their citizenship can be daunting. Masabo further argues that Kenya’s lack of a comprehensive legislative framework for the prevention of statelessness and the protection of stateless people exposes many individuals to risks. He points out that ‘Kenya’s legal regime falls short of adopting international standards on the prevention of statelessness and the protection of stateless persons, as set out in various international and regional instruments’ (p. 514). The historical legacy of an ‘ancestor-centric’ approach in Kenya’s citizenship regulations, prioritizing lineage from Kenyan citizens over place of birth, continues to impact citizenship rights, particularly for vulnerable individuals. Masabo highlights the challenges faced by individuals born in Kenya to non-Kenyan parents, who often find themselves at risk of statelessness or who are themselves stateless. Hunter (2019) also examines the statelessness issue in Kenya, shedding light on the situation of undocumented nationals who have lived in Kenya for many generations but lack official citizenship. Hunter points out that the Kenyan government passed the 2011 Refugees Bill and the 2011 Citizenship and Immigration Act to combat statelessness. However, practical flaws and administrative delays have hindered the effective protection of stateless people. Hunter (2019) emphasizes that ‘Kenyan law lacks the necessary clarity and specificity to provide sufficient protection to undocumented nationals, leading to their ongoing marginalization and exclusion’ (p. 157). The CESF Consortium (2021) conducted a study on the impact of the COVID-19 pandemic on stateless individuals in Kenya. The pandemic exposed the lack of access to healthcare, social security, and necessary documentation experienced by stateless people, rendering them even more vulnerable. The research revealed the inadequacies of Kenya’s legal and administrative frameworks, which fail to provide meaningful assistance and recognition to stateless individuals. It also emphasized ‘the urgent need for Kenya to address the legal and administrative barriers that perpetuate statelessness to ensure that stateless individuals can access healthcare, employment, and social protection’ (p. 12). Lockdown measures and travel restrictions further marginalized these communities, leaving them without sufficient support and safety measures. It is crucial to include stateless people in national crisis response plans that safeguard against events such as the COVID-19 pandemic, and to implement legislative reforms urgently to protect their rights and well-being. Kenya has undertaken efforts to address the issue of statelessness. Masabo (2021) highlighted that the passage of laws such as the 2011 Citizenship and Immigration Act and the 2011 Refugees Bill demonstrates Kenya’s commitment to protecting and preventing statelessness. These legislative frameworks outline processes for birth registration, nationality determination, and, in some instances, granting citizenship. However, challenges related to administration, lack of awareness, and implementation flaws hinder the effectiveness of this legislation. Center for Minority Rights Development (Kenya) and Minority Rights Group International on behalf of Endorois Welfare Council v. Kenya (2009; hereinafter – the Endorois case) is a pivotal legal battle that directly relates to the issue of statelessness and citizenship legislation in Kenya. This case brings to light the alleged violation of Articles 17(2) and 17(3) of the African Charter and highlights the disturbing reports of violations inflicted upon the Endorois community, an indigenous people, including forced displacement from their ancestral land, inadequate 103

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