1. They are required to provide additional documents in support of their claims to Kenyan nationality, such as their grand-parents' identification documents, which other Kenyans do not have to provide; 2. Unlike other Kenyans, they must be questioned by the "vetting committee" and given their approval; 3. Unlike other Kenyans, they must visit the Magistrates' Court in order to swear an affidavit in support of their claim; 4. Unlike other Kenyans, they must pay a fee to the Court. 71. The Complainants submit that Nubians are treated differently on account of their ethnic and religious origins, which are impermissible grounds under Article 2 of the African Charter. They point out that only two other communities are subjected to vetting in order to obtain ID cards, namely Kenyan Somalis and Kenyan Arabs. They point out further that unlike Kenyan Nubians, these latter communities are both border Communities whose only similarity with the Nubians is their religion. 72. They maintain that far from being accorded special consideration, Kenyan Nubians have been systematically singled out for differential treatment, with the consequence of further entrenching discriminatory attitudes towards the community. 73. Kenyan Nubians according to the Complainants have established a prima facie case that They are treated differently because of their ethnicity and religion and that the burden of proof is on the Respondent State to provide an objective and reasonable justification for their differential treatment. They aver that International law makes clear that in cases of discrimination, once an applicant has established a difference in treatment, the burden is on the respondent government to prove that it was objectively justified, and that in the absence of a racially neutral explanation, it is legitimate to conclude that the difference in treatment is based on racial rounds. Alleged Violation of Article 5 of the Charter 74. The Complainants submit that the restrictions imposed on Kenyan Nubians through the vetting process, excessive delays and other procedural obstacles in securing the ID card that is necessary to obtain recognition of their Kenyan citizenship, amount to an arbitrary deprivation of the right to effective nationality, preventing recognition of their legal status in violation of Article 5 of the Charter. 75. Kenyan Nubians, according to them have a right to nationality under international law, which governs the actions of the Kenyan government, and which is supported by the genuine and effective link that Nubians have developed with Kenya over many generations. They claim that they may not be arbitrarily deprived of that nationality, which in effect means that there must be a fair process that is in accordance with international law with respect to any proposed modification of their nationality status. 76. The Complainants maintain that the right to nationality is no longer the sole prerogative of the State. That the Respondent State is bound by limitations imposed by human rights standards within international law. They claim that international law's scope to limit state sovereignty in the regulation of citizenship was first established by the Permanent Court of International Justice (PCIJ) in 1923, ruling that the question of whether a certain matter is or is not solely within the domestic jurisdiction of a State is an essentially relevant question; it depends on the development of international relations. 77. They aver that the arbitrary deprivation of effective nationality faced by Kenyan Nubians fails to recognize their genuine and effective link to Kenya, as well as their lack of a connection to any other country. They argue that the importance of an individual's links to a country in determining citizenship related rights was first articulated by the International Court of Justice in the Nottebohm case in which the Court set forth some of the factual ties that give rise to a genuine and effective link, including: habitual residence of the individual concerned... the centre of his interests, his family ties, his participation in public life, attachment shown by him for a given country and inculcated in to his children, etc.25 78. They argue that Kenyan Nubians have lived in Kenya for over a century. For several generations, 9