• Haki na Sheria Initiative says all children arising from such unions are Kenyan by birth and are entitled to all rights and benefits granted by the law.
• But this is not the case for one AMM. A minor born in Hagadera refugee camp in Dadaab to a Kenyan father and a refugee mother.
Image: FILE
A rights lobby has petitioned the High court seeking to have all children born out of unions between a Kenyan and refugee removed from the refugee database.
Haki na Sheria Initiative says all children arising from such unions are Kenyan by birth and are entitled to all rights and benefits granted by the law.
But this is not the case for one AMM. A minor born in Hagadera refugee camp in Dadaab to a Kenyan father and a refugee mother.
The NGO has highlighted the case of AMM in a bid to persuade the court to grant it the orders they are seeking.
When AMM was born, he was issued with a birth notification that bears a refugee agency stamp.
He has also been issued with a certificate of birth that bears the words “refugee.”
AMM has four other siblings born to his mother and father who have been subjected to the same process.
The documents according to the NGO designate him as a refugee from birth.
This situation has made it extremely difficult for AMM and other children in similar circumstances, as their movements have been restricted.
The NGO in its petition explains that the documents bearing ‘refugee’ markings have made it impossible for them to move out of the refugee camp.
“On multiple occasions, AMM and his siblings tried to go to Garissa town for medical treatment, school and family visits. However, they were denied due to the nature of their birth notifications and certificate of birth, issued by the state,” they said.
The NGO says when they reached the barrier points between Dadaab and Garissa, their identification documents were sought and as soon as they were produced, they were sent back to Hagadera refugee camp.
The NGO argues that such challenges in the proper registration of births and issuance of the right notifications and certificates to children born to Kenyan citizens and refugees stem largely from the fact that the principal registrar of births and deaths has no office in Dadaab subcounty.
According to the court documents, the principal registrar of births and deaths closest office is located in Garissa town more than 100kms from Dadaab.
This makes accessibility of services of the registrar more difficult for children like AMM.
But the situation is different from AMM's other siblings born to his father and another Kenyan citizen.
These ones, have been granted birth notifications and certificates of birth that do not bear the refugee agency stamp or “refugee” status.
“This case portrays clearly the differential and unfair treatment by the respondents between children born to two Kenyan citizens and children born of a refugee and a Kenyan citizen,” the NGO says.
The NGO wants the court to issue an order directing the registrar to conduct proper birth registration and issue all children born from unions between a Kenyan and refugee parents with documents that do not feature any ‘refugee’ status.
Also sought is an order declaring that all children arising from unions between a Kenyan and refugee are Kenyans by birth and are entitled to all rights, privileges and benefits granted by law.
Those sued are Interior CS, director general of citizenship and immigration services, principal registrar of births and deaths, commissioner for refugee affairs and the attorney general.