Generational statelessness and rights A case of children from the Nubian community in Kenya
Muimi, Antoinette Moseka
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Statelessness leaves individuals in vulnerable situations, it is primarily associated with lack of having ties to a country or in other words lack of nationality. Where certain individuals lack nationality, they fall victim to discrimination within a given state, this is often the case for minority groups such as the Nubian people. They often lack adequate representation in government which makes it difficult for their matters to be addressed with urgency. The Government of Kenya has made attempts to deal with this issue however it is still a big problem amongst minority communities. This study seeks to explore the rights of children from stateless groups in Kenya with a focus on the Nubian children. The study is based on two theories: the theory of basic needs proposed by John Burton and the theory of justice proposed by John Rawls. The findings of this study indicate that statelessness in Kenya is caused by legal and administrative factors. It demonstrates that granting citizenship rights to the Nubian children will allow them to equally enjoy the rights provided for under the (2010) Constitution of Kenya. Results from this study revealed that refusal to recognise Nubian children as Kenyan nationals has affected their access to education, healthcare and employment opportunities. The study concludes that the legal framework lacks effective measures to eradicate statelessness and does not adequately guarantee the protection of rights of children from stateless groups.