Acquisition of nationality through naturalization
The march gave significant visibility to the plight of the Makonde and had a galvanizing
effect. President Kenyatta issued a directive that all eligible stateless Makonde be
registered as Kenyan nationals and issued with Kenya identity cards by December 2016.
To address the situation of the Makonde people and other eligible groups, the deadline
to register as a citizen under the 2011 law was extended to August 2019.114 This positive
outcome was a result of years of awareness raising, community mobilization and
advocacy efforts by the Makonde, national civil society, constitutional bodies, UNHCR
and others.115
Facilitating access to citizenship by waiving onerous evidentiary
requirements and application fee
In order to facilitate acquisition of citizenship by registration for the Makonde and to
implement the Presidential directive, the Government amended the Regulations to
the 2011 Act to empower the Cabinet Secretary to waive the onerous requirements on
applicants to provide supporting documentary and other evidence, such as certificates
of good conduct. The amendment also provided that the Cabinet Secretary could waive
the requirement to pay an application fee (2,000 Kenya Shillings, or 20 USD).116 The
Cabinet Secretary exercised this discretion during the registration of the Makonde in
2016-2017.
In October 2016, the compulsory civil registration of the Makonde ordinarily residing in
Kenya was published in a Gazette Notice with effect from 1 November 2016. This was
implemented by enabling Makonde who were born in Kenya to register their births
through late birth registration procedures and by waiving late birth registration fees.
114 The Kenya Citizenship and Immigration Act, 2011, Extension of Time, Legal Notice No 178, 7 October 2016, available at:
http://kenyalaw.org/kl/fileadmin/pdfdownloads/LegalNotices/2016/LN178_2016.pdf
115 Bronwen Manby, Citizenship in Africa: The Law of Belonging (Bloomsbury, 2019), page 192.
116 Kenya Citizenship and Immigration (Amendment) Regulations 2016 (http://citizenshiprightsafrica.org/wp-content/
uploads/2018/09/Kenya-Citizenship-Immigration-Amendment-Regulations_2016.pdf); The updated Regulations: http://
www.kenyalaw.org:8181/exist/kenyalex/sublegview.xql?subleg=No.%2012%20of%202011
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