Haki and Sheria Initiative filed a petition with the court asking that all legal rights, privileges, and benefits be given to children born in refugee camps to Kenyan citizens and refugees.
According to the Haki and Sheria Initiative, all children born from such unions are Kenyans by birth and are entitled to all legal rights and benefits.
The non-governmental group alleges that the government unilaterally deprives these children at birth of their Kenyan citizenship and even places them at risk of forced displacement.
“By issuing them with Birth Notifications that bear Refugee Agency stamps or Certificates of Birth that have a “Refugee” stamp on the face of it which designate them as refugees and curtail the enjoyment of their citizenship rights,” read part of the petition.
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The organisation has presented the case of AMM, a child born on October 23, 2017, to a Kenyan father and a Kenyan mother who have been accorded refugee status by Kenya.
The documents state that the boy was born and has always resided with his mother since birth in the Dadaab-based Hagadera Refugee Camp.
He received a Birth Notification with a Refugee Agency stamp upon birth, as well as a Certificate of Birth with the words “Refugee” on the front. His data was also added by the respondents to the database of refugees. He also has four more siblings who were all born to his mother and father and went through the same procedure.
Birth Notifications bearing the Refugee stamp, the Certificate of Birth bearing the “Refugee” stamp and the entry of particulars in the Refugee Database designate him, his siblings and all other children in similar status.
The court documents claim that attempts to get Birth Notifications or Certificates of Birth without Refugee Agency stamps or markings that read “Refugee” are hampered because law enforcement officials do not permit children who have marked Birth Notifications or Certificates of Birth to leave the refugee camps.
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“AMM, his siblings and other children in similar circumstances as him are therefore not able 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 but were denied due to the nature of the Birth Notifications and Certificate of Birth issued to them by the respondents,” read the documents.
The organisation is now asking the court to rule that, under Article 14(1) of the Constitution, all children born from unions between a Kenyan and a refugee are citizens of Kenya by birth.
They further want the court to order the principal register of births and deaths to carry out correct birth registration and to issue rightful Birth Notifications for all children born to Kenyan and refugee parents without the stamp of the refugee agency and Birth Certificates without any indication that the child is a refugee.
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