The child’s right to a nationality in Kenya under the Children Act of 2022

Authors

  • Julie Lugulu

DOI:

https://doi.org/10.58216/kjle.v7i1.438

Keywords:

name and nationality, birth registration, Convention on the Rights of the Child, African Charter on the Rights and Welfare of the Child, deprivation of nationality

Abstract

Every child’s right to a nationality is well entrenched in the international
human rights legal framework. The Children Act of 2022 safeguards the
right of a child to a name and nationality and adopts preventive measures
protecting children from statelessness. This paper examines first, the
extent to which the Act’s provisions on the child’s right to a name and
nationality aligns with the Convention on the Rights of the Child and the
African Charter on the Rights and Welfare of the Child. It later assesses
whether the Act has sufficient safeguards against the deprivation of a
child’s nationality as provided for under international law.

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Author Biography

Julie Lugulu

LLB (Moi University); LLM (University of Cape Town); LL.D Candidate (University
of the Western Cape - researching on childhood statelessness in migratory and nonmigratory
contexts); Lecturer, Kabarak University School of Law.

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Published

2024-05-01

How to Cite

Lugulu, J. (2024). The child’s right to a nationality in Kenya under the Children Act of 2022. Kabarak Journal of Law and Ethics, 7(1), 53–68. https://doi.org/10.58216/kjle.v7i1.438

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