would gain economically in the form of the several taxes that are levied on employees such as income tax.167 Notwithstanding these advantages, persons at risk of statelessness face vast challenges accessing the labour market in Kenya, owing to the lack of IDs that is a prerequisite for formal employment. Citizens, refugees living in Kenya 168 and other foreigners who hold IDs are able to seek employment although with some applicable restrictions. Non-citizens seeking employment in Kenya are required first to obtain a work permit. 169 For persons at risk of statelessness the fact they are unable to show potential employees any ID makes it very difficult for them to enter into the formal labour market. The high unemployment rate in Kenya, 170 coupled with the limited education, training, skills and experience on the part of persons at risk of statelessness, have rendered this category of persons less competitive in the local job market. Their prospects of securing employment overseas are also very limited owing to restrictions on their movement and low qualifications. Despite these challenges, the reality is that stateless people and those at risk of statelessness, like anyone else, must earn a living in order to feed themselves and/or their families. Some were able to secure employment. Shauku, for instance, was employed at the local school as a teacher. He shares his experience in the following words: I cannot just sit the whole day. Allah has given me hands and a mind to think. Although the Kenyan Government has created barriers to my access to employment by not giving me an ID, I can still do something to earn a living and support my siblings. At the moment I am employed as a teacher in the local school by the School Board. I am not sure how long my services will be required. Unlike those who are employed by the Government, my status is not permanent. However, the experience and skills that I will learn in this job will be useful to my future life. Those who are employed formally like Shauku are very few. Many of the persons at risk of statelessness lamented that they could not ‘be employed’ 172 or get ‘an honest job’, 173 owing to the lack of an ID. See generally the Income Tax Act, 1974. See section 14(a) of the Refugees Act, 2006. 169 See the first schedule to the Immigration Act. 170 Estimated at 40 per cent in 2008. See Central Intelligence Agency, The World FactBook https:// www.cia.gov/library/publications/the-world-factbook/geos/ke.html (accessed 20 March 2010). 171 Interview with Yassin, Coast Province, 14 September 2009 (An ID would facilitate ‘the freedom of movement and to look for employment’). According to Eric: ‘I would like to be a football star, but not having an ID keeps me from this. There is someone who wanted to take me for trials [overseas], but I need an ID’ (Interview with Eric, Coast Province, 15 September 2009). 172 Interview with Sada, North Eastern Province, 17 September 2009. 173 Interview with Aissatou, North Eastern Province, 17 September 2009. 167 168 31 OUT OF THE SHADOWS TOWARDS ENSURING THE RIGHTS OF STATELESS PERSONS AND PERSONS AT RISK OF STATELESSNESS IN KENYA