LLB Research Projects (2018)

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The Application of Jus-sanguinis during post -colonial state succession and the creation of statelessness: a comparative study of Kenya and Tanzania.
(Strathmore University, 2018) Gichuhi, Tabitha Mumbi
Among the reasons why Africans are le.fi without a nationality is the colonial history of their respective states. Following the attainment of independence, these newly independent African states had to grapple with the formulation of citizenship laws that would apply to political units comprising of people from different cultures, religions and languages. In a bid to achieve this, governments had to decide whether to grant citizenship on the basis of the law of descent (jus sanguinis) or the law of the soil (jus soli). The general objective of this paper is to investigate the motivations that would lead a state to choose either mode of granting citizenship as well as its resultant effect on the creation of statelessness. it will additionally look into the nation-building processes of Kenya and Tanzania, which apply Jus sanguinis and jus soli respectively, as well as their citizenship policies before and after the attainment of independence. This examination hopes to eventually determine whether these policies, from the point of state succession, have lived up to the obligation to grant nationality to persons within their territories and prevent the occurrence of statelessness