The African Commission on Human and People’s Rights has determined that Kenya is in violation of its obligations under the African Charter on Human and People’s Rights by failing to respect, protect, and promote the rights of the Nubian Community in Kenya.According to the Commission, “Nubians are discriminated against in acquisition of identity documents which effectively hampers their ability to enjoy a range of rights guaranteed in the Charter.”“It suffices to note that it is common knowledge that in Kenya, those without national identity cards cannot vote or contest for public office, cannot be employed in the public service and may not have access to public services such as health care and education. They may not be able to register their marriages, may not be able to enter public buildings or open bank accounts and may not be able to move freely within the country and undertake a host of other transactions that are necessary for a dignifies life. All these affect the ability of Nubians to enjoy the rights guaranteed in Articles 12, 13, 15, 16 and 17 (1) of the Charter,” it adds. Thus, Kenya has been requested by the Banjul based Court in Gambia to: Establish objective, transparent and non-discriminatory criteria and procedures for determining Kenyan citizenship; Recognize Nubian land rights over Kibera by taking measures to grant them security of tenure; Take measures to ensure that any evictions from Kibera are carried out in accordance with international human rights standards. The Open Society Justice Initiative and the Institute for Human Rights and Development in Africa (IHRDA) filed the case in 2006 before the commission on behalf of the Nubians in Kenya. Gaye Sowe, ED of IHRDA was the legal officer for the community. The two organisations say, “The Commission has emerged as a powerful force in protecting the right to nationality in Africa. The Nubian decision is an important contribution to these efforts: all Kenyans must enjoy their rights on equal footing, beginning with recognition of their citizenship.” The ruling was adopted by the African Commission and People’s Rights during the 17th Extra-Ordinary Session from the 19-28 February 2015 held in The Gambia as signed by Kayitesi Zainabo Sylvie, the Chairperson of the ACHPR and Dr. Mary Maboreke the Commission’s Secretary. Nubians came to Kenya prior to independence as recruits into British Colonial Administration in East Africa. There are approximately 20,000-30,000 Kenyan Nubians, with over half of the total population living in Nairobi. In a 2010 survey supported by the Justice Initiative, 99 percent of Kenyan Nubians interviewed described themselves as Kenyan citizens. 99 percent also said that their parents were Kenyan, and 99 percent were born in Kenya. They are correct: under Kenyan law, they are citizens. But Kenyan Nubians have long been treated as foreigners in their own country.
