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