February 10, 2025
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End Ethnic Profiling: Equal Access to Identification Documents is a Constitutional Right

By Aden Duale. Every Kenyan citizen has a constitutional right to registration and identification documents, as enshrined in Article 12 of the Constitution. This entitlement is not a privilege but a fundamental right that applies to all citizens, including the patriotic people of Northern Kenya. It is, therefore, unacceptable that communities in this region continue... Read More

By Aden Duale.

Every Kenyan citizen has a constitutional right to registration and identification documents, as enshrined in Article 12 of the Constitution. This entitlement is not a privilege but a fundamental right that applies to all citizens, including the patriotic people of Northern Kenya.

It is, therefore, unacceptable that communities in this region continue to be subjected to arbitrary vetting and ethnic profiling before being issued birth certificates and national identification cards. Such practices are not only unconstitutional but also a blatant act of discrimination that undermines the very principles of equality and citizenship upon which our nation stands.

The Kenya Citizenship and Immigration Act, Cap. 170, further fortifies this right in Section 22, explicitly stating that every citizen is entitled to registration and identification documents, including birth certificates, national IDs and passports. The law does not provide for selective issuance, nor does it condone barriers that infringe upon the rights of any Kenyan based on ethnicity or geography.

Those who oppose the President’s directive to ensure equal access to identification documents must be reminded that denying citizens their rightful documents is an affront to the Constitution and an injustice that must not be tolerated.

The government is duty-bound to uphold the rule of law and dismantle any institutionalized discrimination that hinders Kenyans from enjoying their full rights as citizens. This is not a matter of negotiation. It is a matter of justice, legality and national unity.

The Writer is Cabinet Secretary for Environment, Forestry and Climate Change.

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