Acquisition of nationality through naturalization
small minority receiving the documents for which they had applied. The Government
participants expressed their commitment to reinforcing the implementation of the
statelessness provisions and application procedures for Kenyan nationality, including
by ascertaining why affected populations groups were not benefitting from the relevant
provisions of the 2011 Act.
UNHCR’s study on the Makonde was published in February 2015. It concluded that
“the Makonde in Kenya are integrated into Kenyan society in many ways” but only
a small fraction possessed documents proving their status as Kenyan citizens. The
study concluded that “over half of respondents had approached Kenyan Government
officials to register for Kenyan documentation, predominantly the national identity card,
but in most cases their application was either rejected or not acted upon”.109 The most
common reason given by officials when rejecting a national identity card application was
that the individual was not entitled to nationality documentation, demonstrating a lack of
awareness or misunderstanding of the relevant provisions of the 2011 Act.
In August 2015, the Commission on Administrative Justice under the Office of the
Ombudsman published Stateless in Kenya: An Investigation Report on the Crisis of
Acquiring Identification Documents in Kenya.110 The report found that there were undue
delays in processing and issuing vital documents, with some respondents having to wait
for up to three years.
BREAKTHROUGH IN 2015 – INTERDEPARTMENTAL TASK FORCE AND PROFILING
EXERCISE
In 2014, the Kwale County Justice and Legal Assembly Committee, adopted a motion
recommending the registration of the Makonde as Kenyan citizens, and sent it to Senate,
which supported the recommendation. In 2015, President Kenyatta agreed to review
the situation of the Makonde.111 He called for the formation of an inter-departmental
109 UNHCR Kenya, Integrated but Undocumented: A Study into the Nationality Status of the Makonde Community in Kenya,
February 2015, page 31, available at: https://www.khrc.or.ke/mobile-publications/equality-and-anti-discrimination/68makonde-community-assessment/file.html
110 UNHCR, Stateless in Kenya: An Investigation Report on the Crisis of Acquiring Identification Documents in Kenya, August
2015, available at: http://citizenshiprightsafrica.org/wp-content/uploads/2016/06/CAJ_Report-Identificationdocuments_2015.pdf
111 Wanja Lisa Munaita, Kenya’s stateless Makonde people finally obtain papers, UNHCR, 27 October 2016, available at:
https://www.refworld.org/docid/582c79714.html
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