A Situation of Statelessness in Kenya: a Case of Makonde Comunity
Abstract
Stateless persons often find themselves in vulnerable situations in their host country or
country of origin, with this occasioned by their lack of nationality. The lack of nationality
commonly results to discrimination of stateless populations and this goes against human
rights principles. Such discrimination is usually compounded by the reason that minorities
lack power to influence as the majority does always. Attempts have been made to address
stateless in Africa, and Kenya in particular. Despite, these attempts, there still exists lack of
clarity on the situation of stateless persons in Kenya. Thus this study sought to explore the
rights of minorities and stateless persons in Kenya, with a focus on Makonde community.
The study was based on two John Burton theories of Basic Needs. The research used
quantitative research methodology, with case study research design used in the study. A
sample size of 8 was used in the study, with key informants guide used in the study as
research tool. The findings of the study indicated that stateless persons are found across the
world, with Africa having a significant proportion of stateless persons. The findings of the
study also revealed that Statelessness is an issue in Kenya, with the results indicated that
statelessness in Kenya is caused by both legal and administrative factors. The study
demonstrated that granting of citizenship to Makonde has given the community members
right to enjoy some of the rights provided for in the constitution. The findings revealed that
the Makonde have benefited from access to employment opportunities, freedom of
movement, access to education and right to vote. It emerged from the findings that although
the acquisition of IDs among has resulted in Makonde enjoying citizenship rights, the
Makonde it was established still face some challenges in enjoying full citizenship rights, with
these including limitation to own property. The study concludes that attempts have been
made to enhancing the minority rights protection among statelessness persons. Further the
study concludes that granting of citizenship rights to stateless persons does not result to full
enjoyment of citizenship rights. The study recommends that
Publisher
University of Nairobi
Rights
Attribution-NonCommercial-NoDerivs 3.0 United StatesUsage Rights
http://creativecommons.org/licenses/by-nc-nd/3.0/us/Collections
- Faculty of Education (FEd) [6011]
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