with law because (a) the failure to recognize the Nubians' ancestral claim to Kibera violates international law; (b) the requirements for due process have not been respected; (c)no provision for alternative housing has been provided or compensation paid and (d) the forced evictions are discriminatory. Consequential violations 93. The Complainants submit that the discrimination to which Kenya Nubians are subjected also result to the violation of their rights to equal access to education, Art 17 (1), denial of equal access to effective health care, Art 16, denial of equal access to work, Article 15 and denial of freedom of movement: Article 12 Alleged Violation of Article 1 94. The Complainants argue that the Kenyan Government's failure to give effect to the rights raised in this Communication violates Article 1 of the Charter. They further argue that the right not to be discriminated against in access to nationality; the prohibition against statelessness; the respect for property rights; and the rights relating to all consequential violations arising in the present application must be protected effectively in practice as well as in theory. 95. The Complainants argue that under the African Charter, such obligations come within the duty to respect, protect, promote and fulfill rights under that instrument. Respondent State's Submission on the Merits 96. In its submissions on admissibility, the Respondent State also addressed the initial issues raised by the Complainants on the Merits. It did not however make any specific observations on the Complainants' submissions on the Merits of the Communication despite being given the opportunity to do so on several occasions. Alleged violation of Article 2 97. The Respondent State submits that it guarantees to all persons within its territory the right to non-discrimination on any ground including race, sex, color, language, religion, etc. It recalls that the right to non-discrimination on is enshrined in Section 70 of the Constitution of Kenya ((1963), which guarantees the enjoyment of fundamental rights and freedoms to all in Kenya, without distinction. 98. The Respondent State denies the allegation that the Nubians are discriminated against in the acquisition of citizenship rights on the basis of their affiliation to the Nubian Community. It states that the Kenyan Constitution does not provide for acquisition of Kenyan citizenship to communities, tribes, clans or groups of people but only to individuals. Any claim to citizenship must be examined on a case by case basis. It points out that this position is legally sound considering that a majority of Communities in Kenya, including the Nubian Community, have their counterparts in the neighboring countries such as Uganda and Sudan and a blanket qualification would precipitate the influx of the community into the country. 99. The Respondent State points out further that a person from the Nubian Community may not be a Kenyan citizen on the strength of that connection but an individual person who is from the Nubian community may be a citizen of Kenya under the provisions of the Constitution and the Kenya Citizenship Act, Cap 170 of the Laws of Kenya. 12