18 Id. Para 31.
19 Id. Paras 32-34.
20 Id Para33.
21 See Rights International and Others v Sudan, ACHPR 215/98. See also 13th Activity Report: 1999-2000
at para.24.
22 Comms. 25/89, 47/90, 56/91 and 100/93 at para.36.
23 Comms. 25/89, 47/90, 56/91 and 100/93 at para.35-37 and Sudan Case at para.38.
24 (Sic!)
25 Nottebohm case (Liechtenstein v Guatemala), second phase, Judgment of 6 April 1995 (sic!) 1955, ICJ
Reports 1955
26 Exhibit 37: Letter from District Commissioner of Nairobi to the Provincial Commissioner, 27 April 1931;
Exhibit 42: Letter addressed to the Honorary Chief Commissioner of Nairobi, 1 September 1950; Exhibit 55:
Korir A. Singo'ei and Adam H. Adam in conjunction with the Kenyan Nubian Council of Elders, Cover
Racism. The Kibera clashes: An Audit of Political Manipulation of Citizenship in Kenya And 100 years of
Nubians' Landlessness, 2002, at p.18.
27 Ibid.
28 Modise v. Botswana, see note 123 (sic!) above, at para. 86.
29 Exhibit 23: Affidavit of Mohammed Gore, at para. 27; Exhibit 8: Affidavit of Ali Hussein Mursall, at para.
19.
30 Exhibit 13: Affidavit of Ibrahim Athman Said, at para. 11: [i]n 2001 there was a fundraising event in
Kibera when former President Moi and the Member of Parliament for the area declared the area is
government land and consequently Nubians who had rented houses in the area had no right to collect rent
from those tenants. Exhibit 46: Letter from the Officer in Charge of the Extra Provincial District of Nairobi to
the Advocates S.R. Kapila and Kapila 19 November 1956; Exhibit 36: Letter from the Secretariat Nairobi to
the Assistant Commandant of King's African Rifles, 7 June 1919; Exhibit 44: Notes on a Preliminary Survey
of the Proposal to Reconstitute the Kibera Africa Settlement Area, 18 May1955; Exhibit 37: Letter from
District Commissioner of Nairobi to the Provincial Commissioner, 27 April 1931.
31 Centre for Minority Rights Development (Kenya) and Minority Rights Group International on behalf of
Endorois Welfare Councilv. Kenya, African Comm. Decision of May 2009, Communicationno. 276/2003.
32 The Social and Economic Rights Action Center and the Center for Economic and Social Rights v.
Nigeria, (Ogoni Case), African Comm. Decision of October 2001, Comm. no.155/96 (2001), at para. 54.
33 .
34 Centre for Minority Rights Development (Kenya) and Minority Rights Group International on behalf of
Endorois Welfare Council v. Kenya.
35 Malawi African Association and Others v. Mauritania
36 The Social and Economic Rights Action Center and the Center for Economic and Social Rights v.
Nigeria, (Ogoni Case).
37 Centre for Minority Rights Development (Kenya) and Minority Rights Group International on behalf of
Endorois Welfare Council v. Kenya.
38 The following international and regional conventions for example protect the right to nationality: Article
15
× (1) Everyone has the right to a nationality. (2) No one shall be arbitrarily deprived of his nationality nor
denied the right to change his nationality.
of the Universal Declaration of Human Rights; Article 5(d)(iii)
× (iii) The right to nationality;
of the International Covenant in the Elimination of All Forms of Racial Discrimination; the Convention on the
Reduction of Statelessness; the American Convention of Human Rights and the European Convention on
Nationality
39 See for example Article 2
× Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any
kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin,
property, birth or other status. Furthermore, no distinction shall be made on the basis of the political,
jurisdictional or international status of the country or territory to which a person belongs, whether it be
independent, trust, non-self-governing or under any other limitation of sovereignty.
of the Universal Declaration of Human Rights, Article 2(1)
24