any act which aims at distinction, exclusion, restriction or preference which is based on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, and which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise by all persons, on equal footing, of all rights and freedoms.41 126. The Commission observes that the principle of equality and non-discrimination does not require all individuals in similar circumstances to be necessarily treated in the same manner; it permits the different treatment of people similarly placed if such treatment is meant to achieve a rational and legitimate purpose that does not impair the fundamental dignity of the affected persons or unjustifiably infringe on their enjoyments of the rights and freedoms guaranteed in the Charter. 127. In the present Communication, the Complainants have established and submitted sufficient evidence to the effect that Kenyan Nubians are treated differently from other Kenyans in the acquisition of ID cards.42 They have outlined significant additional burdens that are imposed on them when they seek to acquire ID cards. In addition to being required to provide supporting documents, such as their grand-parents ID documents, which is not required of other indigenous Kenyan ethnic groups; Nubians must be vetted and approved by a Committee; they must swear an affidavit in support of their claim to an ID card before a Magistrate's Court and they are required to pay a fee to the Court.43 128. The Complainants have pointed out that the only reason for such differential treatment is the ethnic and religious affiliations of the Nubians, which are prohibited ground for differential treatment under the Charter. They have pointed out further that the only other community that is subjected to this kind of differential treatment is the Kenyan Somalis, who unlike the Nubian, are border Communities. 129. The Respondent State on its part denies that Kenyan Nubians are discriminated against in the acquisition of identity documents and submits that its Constitution does not provide for the acquisition of Kenyan citizenship to communities, tribes, clans or groups of people but on an individual basis. It however admits that Kenyan Nubians, just like members of other African, Arab and European descent are subjected to the vetting process in order to determine their suitability for the acquisition of Kenyan citizenship. The justification for this, according to the Respondent State seems to be that a majority of Communities in Kenya, including the Nubian Community, have their counterparts in the neighbouring countries such as Uganda and Sudan and a blanket qualification would precipitate the influx of these communities in to the country. 130. From the above, the Commission notes that it is not in dispute that members of the Nubian community are treated differently from other Kenyans in the acquisition of ID documents which constitute proof of their nationality. It is also not in dispute that the only reason for this differential treatment is their ethnic and religious affiliations.44 131. The Commission recalls that differential treatment on the basis of ethnic and religious affiliations is specifically prohibited under Article 2 of the Charter, the others being race, colour, sex, language, political or any other opinion, national and social origin, fortune and birth. The Commission considers that the reason for singling out these grounds is because they have historically been misused to oppress and marginalize peoples with these attributes, thereby demeaning the humanity and dignity inherent in them.45 The Commission considers further that differential treatment on any of the grounds listed above, without objective justification and which has the effect of imposing burdens on a particular segment of society and impairing their dignity is unfair and discriminatory. 132. The Complainants have demonstrated that in order to acquire ID documents, significant burdens are placed on them merely on account of their ethnic and religious background. As a result of these burdens many individuals from the Nubian community face enormous hurdles in acquiring IDs. Without IDs, they are unable to enjoy a broad range of rights guaranteed in the Charter, such as the right to free movement, the right to education, the right to work under equitable and satisfactory conditions etc. The lack of IDs cards also effectively renders many Nubians stateless and liable at any point in time to expulsion or arrest. This certainly is an affront to their dignity as human beings deserving of equality with other Kenyans and equal protection of the laws governing Kenyan citizenship. 17