The Mt Kenya Times 
By: Dennis Wendo
Worth Noting:
- For six decades, applicants for Kenya’s citizenship in the frontier region of northern Kenya have often undergone stringent vetting unlike other persons in the rest of the country. Moreover, being female, Muslim or belonging to the Somali ethnic group further intricate the application procedures for obtaining a passport or ID card. The discrimination violates the Constitution of Kenya which expressly prohibits.
- The perceived historical marginalization has worsened the exclusion of Northern Kenya subjecting them to neglect in resource allocation, infrastructural development, political voice and representation. The segregation has given birth to persistent rebellion and a sense of despondency to many living in the frontier territories. Over generations they have developed mistrust towards ruling governments.
Kenya has had four reigns since independence, with President William Ruto representing the fifth regime. In article 14 of the 2010 Constitution of Kenya, a person is a citizen by birth if either their mother or father is a citizen, regardless of where they were born.
Lawfully, all Kenyans aged 18 or older must register under the Registration of Persons Act, as stipulated in section 6 of the very law.
Primarily, the premise of citizenship accretion in Kenya has remained limited to birth, marriage and residency. The acquisition of either identity cards or passports cement the formal basis of citizenship identification without which one misses out on countless fundamental opportunities and freedoms. It is a state prerogative.
For six decades, applicants for Kenya’s citizenship in the frontier region of northern Kenya have often undergone stringent vetting unlike other persons in the rest of the country. Moreover, being female, Muslim or belonging to the Somali ethnic group further intricate the application procedures for obtaining a passport or ID card. The discrimination violates the Constitution of Kenya which expressly prohibits.
The perceived historical marginalization has worsened the exclusion of Northern Kenya subjecting them to neglect in resource allocation, infrastructural development, political voice and representation. The segregation has given birth to persistent rebellion and a sense of despondency to many living in the frontier territories. Over generations they have developed mistrust towards ruling governments.
Tens of Thousands in the region under bitterness have had no choice other than seek refuge in neighboring countries of Somali, Ethiopia and Eritrea in pursuit of sustaining their livelihoods. Such decisions create room for the desperate young people to accommodate violent extremism and radicalization at the expense of a government that out rightly appears to retract their constitutional rights.
Various leadership administrations from the region have raised complaints over the hurdles of obtaining identification documents with none or very minimum steps being taken to address the concerns. The reassessment of the relationship between the National and County Governments remains critical in the quest to foster national unity and cohesion.
The decree by the head of state to lessen the vetting measures, needs to be viewed holistically with microscopic lens. His directives must have been informed from an in depth background analysis and recommendations from various decisive collaborators.
Article 131(1) subsections (c)(d) and (e) of the Constitution defines the role of the President as the commander –in-Chief of the Kenya Defence Forces; the chairperson of the National Security Council and a symbol of national unity. In Article 131(2) subsections(a)(b)(c)(d)(e), the President is mandated to respect, uphold and safeguard the Constitution, sovereignty of the Republic, promote and enhance the unity of the nation, diversity of the people and its communities and above all ensure the protection of human rights and fundamental freedoms and the rule of law.
The continued debate and mixed rejoinders over the President’s resolution are healthy and give room for the expression of divergent opinions on the subject matter. A section of the political class is questioning the timing of the move and view it as a strategy to consolidate votes from the Northern region counties of Lamu, Wajir, Mandera and Isiolo ahead of the 2027 General elections.
Further, antagonists cite threats to national security and are criticizing the Government on the rationale of providing a blank cheque to integrate and cede grounds to terror related groups such as the Al Shabaab as well as aliens getting identification documents.
Their worries should not be wished away but receptively form part and parcel of the public participation feedback to strengthen and seal loopholes that pose serious implications to national security. For instance, in the county of Mandera, the Marehans tribe initially from Somalia were illegally given ID cards by the local vetting committees under the support and recommendation of the Mandera tribal groups. Over time the Marehans due to their business acumen and money they acquired while they ruled Somalia dominated the local business and politics. The locals felt threatened and demanded for the repatriation of the Marehans, a situation that hit deadlock by virtue of the Marehans having already acquired Kenyan ID cards. This elicited unending animosity and warring factions among the residing clans in Mandera. Again, 25 years ago, the press reported an incident where a Kuria from Tanzania illegally acquired a Kenyan ID and used it to join the Kenya army, it was later discovered, leading to his sacking and arrest. Such are the scenarios necessitating due diligence over the process of lessening the vetting criteria.
Notably, the proposed new vetting guidelines will go through the committee of delegated legislation in the bicameral parliament prior to adoption and subsequent enforcement.
There is a need for legal, policy, institutional and administrative changes to address institutional discrimination, exclusion and marginalization.
The law makers should consider new legislations to enhance citizenship rights of minority and vulnerable groups such as women, children and refugees. Promoting equal citizenship and equal access to citizenship as a basis for national integration is crucial and an antidote to recover from decades of neglect, ethnicity, structural marginalization and historical injustices. There is a need to adopt a centralized database for birth certificates, ID cards and passports. This will help limit the practice of discriminatory identification procedures and corruption in the process.
The lessening of vetting procedures for the communities in the border regions is timely, however it should be executed cautiously and needs honest national dialogue and policy reforms, devoid of politics, religion, tribe and race serialization or inclinations.
Dennis Wendo
Integrated Development Network- Public Benefits Organization(PBO)
Email: idnkenya@gmail.com
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