THE AFRICAN COMMITTEE OF EXPERTS ON THE RIGHTS AND WELFARE OF THE CHILD: IHRDA and OSJI v. Kenya


Facts : Since the independence of Kenya in 1963, the Government has refused to give the Kenyan nationality to the children descendant of the Nubian people before they turn 18, thus they remain stateless and suffer from discriminations that reduce their future prospects..

claimants NGOs: IHRDA and OSJI in the name of the children decendents of the Nubian people

Rights at stake : non-discrimination; Right to have a family name and a nationality, right to education, right to good health and access to medical care.

Texts : African Charter on the rights and welfare of the child: art. 3; art. 6; art. 11§3; art. 14

Solution :The the African committee of experts on the rights and welfare of the child estimated that Kenya had violated the African Children’s Charter on the article quoted above