Parliament to: ‘Provide for due acquisition of citizenship of Kenya (whether by registration or naturalization) by persons who are not eligible or who are no longer eligible to become citizens [under the Constitution and citizenship laws].’ Constitution and citizenship laws of Kenya have not been amended to make provision for the acquisition of citizenship by any individual born in the country, who would otherwise be stateless. 224 Section 90 of the Constitution provides that a person born outside Kenya shall become a Kenyan citizen if at the date of birth his or her father is a citizen of Kenya. It is of concern that this section may have been interpreted by some to mean that children born in Kenya out of unions between Kenyan women married to foreign nationals do not qualify for Kenyan citizenship. 225 The constitutional requirement that Kenyan nationality can be gained by foreign women who are married to Kenyan men only should also be removed. Courts have contended that the effect of such a requirement is to ‘punish’ a citizen for ‘marrying’ a foreigner. 226 The Government should undertake legal measures that will protect any child from becoming ‘stateless’. 227 Parliament should amend section 90 of the Constitution to make any child born of a Kenyan parent eligible for citizenship. The Constitution should also provide that every child who would otherwise be stateless be considered for Kenyan citizenship. 228 Stakeholders, including NGOs, faith based organizations, labour organizations, legal aid agencies and lawyers’ organizations, academics and experts, and media houses should continue pursuing the cause of constitutional and legislative change. These institutions ‘all have a major influence on any statelessness situation’. 229 The Proposed Constitution of Kenya, 2010, whose provisions outlaw discrimination of citizens, if adopted at the referendum of 4 August 2010, will go a long way in addressing some of the challenges identified in this study.230 consultant) are designed to deal ‘substantively’ ‘with the issue of statelessness’ through ‘addressing the emerging challenges rather than turning away applicants due to a disability in law’. 224 To be consistent with Article 1 of the 1961 Convention on the Reduction of Statelessness. According to information from the Immigration Department, efforts towards this end are already underway. 225 See, for instance, supra, note 33 226 Attorney-General v Unity Dow (2001) AHRLR 99 at 101 (per Amissah JP of the High Court of Botswana). See also article 7(2) of the CEDAW urging States to ‘grant women equal rights with men with respect to the nationality of their children’. 227 See the CRC article 9(2) and ACRWC article 6 (4). 228 To be consistent with Article 7 of the CRC and Article 6 of the ACRWC. 229 UNHCR, UNHCR Action to Address Statelessness: A Strategy Note (March 2010) at 20. 230 See post script to this report. 39 OUT OF THE SHADOWS TOWARDS ENSURING THE RIGHTS OF STATELESS PERSONS AND PERSONS AT RISK OF STATELESSNESS IN KENYA