As Kenya prepared for the general election, I closely followed the town hall debates around the country, the Nairobi governor debate, the deputy president debate and presidential debates.
In no debate that I watched did the issue of citizenship discrimination mentioned — despite it severely impacting the lives of an estimated 5 million Kenyans.
More than one in 10 Kenyans, most of whom are from marginalised and minority communities such as the Somali, Nubian, Borana and Swahili, do not have legal identification demonstrating that they are citizens.
While ID applicants from these communities meet all legal requirements, including having a birth certificate and their parents’ national ID cards, they are systemically subjected to arbitrary additional scrutiny and requirements during the application process.
This unconstitutional discrimination leads to delays or denial of legal documentation for many peoples. Without a national ID, they cannot secure government healthcare, education or a pension, they cannot secure formal employment and they cannot vote.
With the election around the corner, these minority populations have been disenfranchised and cannot exercise their right to choose a leader of their choice. Does this mean that their votes do not matter? In auditing terms, this is a material discrepancy that could determine who wins the election, yet it is still not considered a serious election issue.
As a member of a minority community, I was looking forward to the candidates addressing how they would ensure that Kenya’s ID system treats every applicant fairly so that all Kenyans can obtain this right to proper identification and other legal documentation equally.
I wanted to hear their plans on how, as leaders of this country, they would enact reforms in the ID system before we consider moving to a new digital system, to reduce the risks of exclusion. The ghost of Huduma Namba still looms over us and will be back in the next parliament once the election dust settles.
Even at the debates, the media – who are supposed to act as the watchdogs for societal misdeeds – did not give audience to such identity issues. How could the one institution we depend on to protect the voiceless not pick up on this salient issue and prioritise it as a matter of national importance?
If our potential leaders and our media will not prioritise this issue as a matter of national importance, then how will this disenfranchised populace get an opportunity to have their issue heard? Without an ID they cannot participate in the forthcoming election nor can they register a SIM card or gain entry to many government buildings.
As a nation, we need to reflect on how millions of Kenyans still feel like second-class citizens in their own country. Why would we normalise the differential treatment of our neighbours with whom we were brought up together? We grow up thinking that we are one and the same only to be told otherwise when we reach the age of 18.
As a nation, we need to revisit our ethos and the spirit of our country. In our national anthem, we sing that “justice be our shield and defender” yet we still treat fellow Kenyans discriminately and unjustly based on their ethnic and religious affiliation.
As a nation, we need to prioritise this discussion. Even though the election debate curtains have been drawn down, we must give a listening ear to these significant populations being left behind in the push for progress. We are all equal before the law and no one should be discriminated against directly or indirectly in the spirit of our Constitution.
Co-director of the Citizenship Programme at Namati
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