While some eventually obtained IDs, Shauku’s experience highlights the risks of this
strategy. Upon discovery one faced prospects of prosecution and imprisonment. This
experience also underscores the fact that not all applicants are processed expeditiously.
Due process considerations require procedures to be amenable to review or appeal
by an independent and impartial tribunal. Reasons should also be given for any decision.108 These aspects are valuable to any process as they promote the right to a fair
hearing. In any legal system an aggrieved party should have an opportunity to plead
his or her case before another decision-maker. The fact that appeal or review rights
exist could also make the original decision-maker act judiciously, as he or she knows
that the possibility of their decision being scrutinized by a tribunal exists. In the context of the ID acquisition process it is curious that several respondents were unaware
of whether or not they could challenge, for instance, the decision of the Vetting Committee. Interestingly, most officials whom the study met were clueless on this aspect.
One could appeal the decision of the Vetting Committee to an appellate body established at the provincial level. Even so, hardly any appeals were filed, as most of the
rejected applicants were unaware of this avenue for ventilating their claims.
On the importance of reasons, see Edwin Abuya, ‘Past Reflections, Future Insights: African Asylum
Law and Policy in Historical Perspective’, (2007) 1 International Journal of Refugee Law 51 at 91-92.
108
OUT OF THE SHADOWS TOWARDS ENSURING THE RIGHTS OF STATELESS PERSONS AND PERSONS AT RISK OF STATELESSNESS IN KENYA
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