In terms of identification of respondents, Non-Governmental Organizations (‘NGO’)
representatives working with persons at risk of statelessness first approached communities. They explained the objectives of this study to the heads of communities
that they worked with and volunteers were requested to come forward. Those who
agreed to be interviewed also introduced other respondents to the researchers. Some
Government officials were also introduced by these NGO officials, while others were
approached directly. One hundred and thirty six respondents were interviewed (N =
136), comprising 93 male (68%) and 43 female (32%).50 The interviews were confidential and conducted at a time and place suitable to the respondents. All interviewees
were adults. The interviews were conducted in English, Swahili or in local languages
using the services of interpreters. Respondents were drawn from persons without
national identity documents (‘IDs’), who were presumed to be stateless or at risk of
statelessness (n = 67), holders of national IDs, who were presumed to be nationals (n
= 31) as well as officials of the Kenyan government (n = 23) and representatives from
NGOs dealing with persons at risk of statelessness (n = 15).
Discussions51 with persons at risk of statelessness and those who had obtained Kenyan IDs covered topics such as their experience of the process of obtaining these
documents, their expectations, whether they understood the processes they were
taken through in acquiring ID’s , whether they thought they were treated fairly, the
challenges they faced and if these challenges were dealt with to their satisfaction.
Interviews with persons at risk of statelessness also covered the challenges they face
owing to their status, their coping mechanisms, their relationship with the local community and officials, and long term solutions to their plight. Interviews with NGO representatives and Government of Kenya officials canvassed a similar set of issues, but
concentrated on obtaining views about the extent of statelessness in the country, the
merits of the current procedures for obtaining Kenyan IDs, the challenges faced by
stateless persons and persons at risk of statelessness in Kenya and the legal or policy
changes needed to improve the current system. In addition to field work, a review
meeting with stakeholders was held in Nairobi to enrich the report. 15 Attendees
provided feedback on the draft report of this study. Further meetings were held with
the core research team comprising the consultant and KNCHR and UNHCR personnel.
The findings of this study, as they are based on the sample size, do not represent a
comprehensive reflection of the statelessness situation in Kenya. However, they do
provide valuable insight into challenges that persons at risk of statelessness in Kenya
face. As such, the study seeks to contribute to existing literature on nationality law
and practice through findings drawn from empirical work. It provides a human rights
context to the issue of statelessness. This study does not cover every aspect of statelessness in
50
Details of the interviewees are available in annex one and two.
See annex four for the open-ended questions that were used in this study.
51
OUT OF THE SHADOWS TOWARDS ENSURING THE RIGHTS OF STATELESS PERSONS AND PERSONS AT RISK OF STATELESSNESS IN KENYA
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