Childhood Statelessness in Kenya: Assessing Domestic Compliance with International Human Rights Obligations
Published: 29/May/2026
Source: African Network of Constitutional Lawyers
By Dr. Julie Lugulu, LL.D
Statelessness, the lack of a nationality between an individual and any country, is a global issue affecting millions of persons around the world. It remains a pressing human rights concern across Africa and in Kenya, affects both adults and children. Statelessness results from discrimination, forced migration, colonialism and inadequate safeguards within citizenship laws. Statelessness among children is of importance because without nationality, children are denied access to their rights, predisposing them to exploitation and perpetuating intergenerational statelessness.
Two contexts of childhood statelessness
Childhood statelessness in Kenya emerges in two main contexts.
In non-migratory contexts, it affects ethnic minorities and non-indigenous communities. Groups such as the Nubians, Waata, Shirazi, Coastal Arabs, Kenyan Somalis, Galjeels and persons of Burundian, Rwandan and Congolese descent frequently face challenges when seeking national identity documents.
In the migratory context, Somali children born in Kenya, to refugee parents in protracted refugee situations face limited prospects of acquiring Kenyan citizenship through naturalization. This is compounded by their parent’s lack of proof of a legal bond with their country of origin, due to the protracted refugee status.