Kenya has constituted their sole country of habitual residence, in which all family and community ties have been rooted. As a community, Kenyan Nubians have thus lost all political, economic and social ties with Sudan, along with any viable claim of return to that country. They maintain that Kenya is the only country that Nubian elders, adults or their children have ever known.26 79. The Complainants claim that lack of an alternative citizenship is also a relevant consideration. The Commission, they aver, has rejected arguments made by the State that individuals might have citizenship in third countries as they were not supported by evidence. The Commission found that the absence of an alternative citizenship raised aviolation of Articles 3(2) and 5 of the Charter.27 On that basis, the Kenyan authorities' rejection of the claim to nationality of Kenyan Nubians arriving in the 1940s, as well as the continued uncertain citizenship status of all Nubians, is both unjustified and arbitrary in light of their "genuine and effective link" to Kenya, as well as their lack of any other citizenship.28 80. They argue that by requiring Kenyan Nubians to go through the vetting process, delaying citizenship for many and denying it for some, Kenyan Nubians are arbitrarily deprived of the effective enjoyment of their nationality. The deprivation is arbitrary because it is discriminatory; it fails to respect due process guarantees of certainty, foresee ability, and judicial review; it violates the obligation to promote and protect minorities; and it leaves many Kenyan Nubians effectively stateless. 81. The Complainants assert that as a result of the vetting process, many Kenyan Nubians do not receive their ID card and are left essentially stateless, in violation of international law. They state that Nubians today still have a tenuous citizenship status, and unlike other Kenyans are required to go through the vetting process to obtain proof of their Kenyan nationality. They claim that the uncertainty brought about by the vagaries of the vetting process means that many Nubians are deprived of effective citizenship. They further claim that Nubians have no legitimate expectation that they will be given the documents needed to obtain recognition and access the rights that citizenship brings. The many Nubians who do not receive ID cards, and those who lose documents and as are sultare not able to prove their citizenship, are effectively stateless. Alleged Violation of Article 14 82. The Complainants submit that Kibera has become the ancestral homeland for Nubians in Kenya; the place where they have buried their dead for generations. Their situation is unique, as unlike other tribes who live in Kibera, they have no other homeland in Kenya to go to. They argue that International law requires that the property rights of the Kenyan Nubians are respected such that they have security of tenure. 83. They aver that Nubians were settled in Kibera in the early 1900s but were considered Sudanese by the British colonial administration. Upon independence, successive governments maintained that they were aliens and refused to accept their property rights in Kibera, forcibly evicting them from their homes. Successive administrations insisted that Kibera was government land, and refused to provide any domestic utilities or public services, leaving the Kenyan Nubians to live in an enclave of poverty. 84. They argue that the refusal to recognize the property rights of Kenyan Nubians arises from the historical refusal to accept Nubians' citizenship and their ongoing tenuous citizenship status. Thus, Nubians' lack of any ancestral homeland in Kenya is often invoked by officials as one of the reasons for which Kenyan citizenship cannot be granted to them.29 The link between denial of property rights and deprivation of nationality is further under scored by successive governments maintaining that Kibera is government land.30 This position has resulted in routine forced evictions through the decades, and a deliberate failure to provide security of tenure to "squatters" inhabiting Kibera, a failure which has relegated Kenyan Nubians to a precarious existence. 85. The Complainants aver that the Kenyan Nubians seek recognition of their collective property rights in Kibera in order to protect themselves against further forced evictions and encroachments, which threaten 10