of the Kenyan Constitution 144 and international human rights law. 145 Other Kenyan
identity card holders are hardly required to produce their great grandparents’ IDs.
This precondition is also unreasonable and onerous for applicants. It is doubtful
whether other applicants would be able to produce these documents, if requested.
The experience also underscores the many opportunities that some have to forego
owing to Government bureaucracy.
Exception to the Rule
In the course of the research a particular administrative practice relating to people
originating from Pemba Island (Tanzania) surfaced. This community resides in the
Coast Province and arrived in Kenya in the early 60s. Their relationship with the other
communities was, overall, cordial. Their children studied in local schools and spoke
the local language, including Swahili and English. Many had integrated well into the
country. They could even travel outside of the country. A Government administrator
146
noted:
Those from the Island of Pemba who wish to travel home for any reason have no problems. Often they
would come to my office to seek authorization. I usually issue a letter, with details of the person’s name,
their dependants (if any) that are accompanying the individual and the number of days that he or she
intends to be away. The individual would have to present this letter to Kenyan Immigration Officials in
order to be allowed to leave and re-enter the country. However, one has to be back on or before the
date stated on the authority letter. 147
The arrangement is commendable as it guarantees persons of Pemban origin a certain level of freedom to move. However, this initiative could be criticized at a number
of levels. Primarily, the right to travel is limited only to one part of a country. Second,
it is rather curious that permission to travel to Pemba has to be lodged with the local
administrator, not the Immigration Department, which is charged with the responsibility
See section 82. Subsection 3 of this section defines ‘discrimination’ as ‘affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, tribe,
place of origin or residence or other local connection, political opinions, colour, creed or sex …. .’
145
See article 7 of the UDHR. See also article 26 of the ICCPR (providing that ‘all persons are equal
before the law and are entitled without any discrimination to the equal protection of the law. In this
respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective
protection against discrimination on any ground such as race, colour, sex, language, religion, political
or other opinion, national or social origin, property, birth or other status’) and the preamble to the
Banjul Charter (setting out one of its objectives as removing all forms of ‘discrimination, particularly
those based on race, ethnic group, color, sex, language, religion or political opinions’).
146
It should be noted that the research did not interview any respondent originating from Pemba Island to confirm if they are citizens of Kenya or any other country. The actual situation of this particular group warrants further examination to ascertain what nationality they hold.
147
Interview with Salim, Coast Province, 18 September 2009.
144
25
OUT OF THE SHADOWS TOWARDS ENSURING THE RIGHTS OF STATELESS PERSONS AND PERSONS AT RISK OF STATELESSNESS IN KENYA
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