Obtaining an ID: A Daunting Process The Kenyan legal framework does not provide for a single document which is proof of Kenyan nationality. Neither the Constitution, Kenya Citizenship Act nor the Registration of Persons Act74 recognizes the ID card as proof of Kenyan citizenship. For an individual to be eligible to apply for an ID, he or she must satisfy certain criteria. The person must be at least 18 years of age.75 In addition, he or she must meet citizenship requirements.76 Applications are lodged with the National Registration Bureau (NRB) in the area where a person resides or works. Applicants must fill out a form, which requires the following details: their full names, sex, date and place of birth, declared tribe or race, occupation, place of residence and postal address. 77 Practice suggests that a copy of the father’s ID is also required as well as a letter from the local chief or village elder of the area where the individual resides. However, according to the NRB, applicants can produce ‘either of the parent’s [IDs] during the identification process to prove that his/her father/mother is a citizen’.78 The NRB also disputes the requirement that a letter from the chief or sub-chief is required, stating that applicants ‘must’ not ‘produce an introductory letter for registration to be undertaken’.79 Applicants must also affix their finger and thumb or, where these are missing, their palm or toe impressions on the form.80 Completed forms are then sent to central authorities in Nairobi for verification. Applications that meet all the requirements are accepted and applicants issued with an ID. 81 Those applications that are unable to satisfy the criteria are rejected. Although decisions are communicated in writing, no reasons are provided. A Kenyan ID is a rectangle card bearing the logo of the Government of Kenya, and contains: 82 vthe holder’s photograph; vbiographical data full name, finger and thumb or palm or toe impression, gender, date and place of birth as well as signature; vsignature of the registration official; and vDate and place of issue of the document. Cap. 107 Section 6 of the Registration of Persons Act. 76 Ibid section 2. See also rule 4(2)(b) of the Registration of Persons Rules 1949. 77 Section 5 of the Registration of Persons Act. See also the first schedule to this Act. 78 Letter from NRB dated January 26, 2010 (on file with the consultant). 79 Ibid. Note, however, that the application form for an ID requires the Chief and Assistant Chief to certify that an applicant is known to him or her. See the second schedule to the Registration of Persons Act. 80 Section 5 of the Registration of Persons Act. 81 Ibid section 9. 82 See also section 9 and the first schedule of the Registration of Persons Act. 74 75 14 OUT OF THE SHADOWS TOWARDS ENSURING THE RIGHTS OF STATELESS PERSONS AND PERSONS AT RISK OF STATELESSNESS IN KENYA