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29. Children of Nubian descent in Kenya have a right to acquire
nationality in a non-discriminatory manner.
Institute for Human Rights and Development Africa (IHRDA) and Open Society
Justice Initiative (OSJI) (on behalf of children of Nubian descent in Kenya) v Kenya
Application 002/09
African Committee of Experts on the Rights and Welfare of the Child (African
Committee)
March 22, 2011
The obligation of the State Party under the African Children’s Charter in relation to making sure
that all children were registered immediately after birth was not only limited to passing laws (and
policies), but also extended to addressing all limitations and obstacles to birth registration.
Summary of facts
Applicants’ case
Nubians in Kenya were from the Nuba mountains in central Sudan. They were forcibly
recruited to the colonial British army in the early 1900s when Sudan was under British rule.
Upon the official dissolution of the army, they requested to be returned to Sudan but the
colonial Government refused and forced them to remain in Kenya. The colonial Government
allocated them land within Kibera but did not grant them citizenship. When Kenya attained
independence in 1963, the citizenship status of the Nubians was not addressed, they were
treated as aliens and were not granted Kenyan nationality.
The parents of Nubian children born in Kenya lacked identity documents and for that
reason, they had difficulty registering the birth of their children. Further the birth registration
certificate issued in Kenya explicitly stated that it was not proof of citizenship. Therefore, the
complainants alleged that the registered children were left in an uncertain position contrary
to article 6 of the African Children’s Charter.
The complainants alleged that since many persons of Nubian descent were not granted
Identity Cards (ID cards) that were necessary to prove nationality, or only got them after a
long delay, that uncertainty meant that the future prospects of children of Nubian descent
were severely limited and they were often left stateless. The complainants further alleged that
the vetting process for obtaining the ID cards for persons of Nubian descent was extremely
difficult, unreasonable, and unfair.
The complainants stated that under the circumstances there had been violations of articles
6, 3, 11(3) and 14 of the African Children’s Charter. The violations were on the right to
have a birth registration and to acquire a nationality at birth, prohibition on unfair/unlawful
discrimination, right to equal access to education and right to equal access to health care.
Respondent’s case
CITIZENSHIP AND NATIONALITY RIGHTS CASE DIGEST
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