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Citizens Or Refugees? the Case of the Shona in Kenya (1962-2017)

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Citizens Or Refugees? the Case of the Shona in Kenya (1962-2017) Citizens or Refugees? The Case of the Shona in Kenya (1962-2017) By Scholastica Wagalla A research project submitted in partial fulfillment of the requirements for the award of Master of Arts Degree in Armed Conflict and Peace Studies, University of Nairobi 2019 Declaration This is my original work and it has not been submitted for the award of degree in any other university Signature _________________________ Date ___________________________ Scholastica Wagalla C50/82627/2015. This project has been submitted for examination with my approval as the University Supervisor Signature ________________________ Date ___________________________ Dr. Margaret Gachihi ii Dedication This study is dedicated to my late parents, Margaret Adoyo Odogo and Caleb Wagalla Anyango; and to my brothers and sisters for their continued support. iii Acknowledgement I wish to wholeheartedly appreciate everyone who contributed during this study. First and foremost, I acknowledge my supervisors; Prof. Vincent Simiyu and Dr. Margaret Gachihi for their in-depth, thorough and outstanding supervision. Prof. Vincent Simiyu retired half-way through the writing process so, Dr. Margaret Gachihi supervised the rest of the study. I am greatly indebted to my research assistants, Mofat Moyo and Evaline Mwangi for interpreting my concerns and questions to the elderly Shona people and introducing me to everyone I interviewed in their community. Data collection could not have been possible without your help. A lot of gratitude goes to the Principl Secretary of State Department of Immigration in Kenya, Dr. Gordon Kihalangwa who instructed his under Secretary Linda Okola to write me a letter so that the leader of the Shona Church in Kenya could authorize me to talk to his congregation. Many thanks to Oliver Muregerera at the Gospel of God Church in Nairobi for giving me an overview of the Shona in Kenya and their history. Finally, I owe a lot of gratitude to Wanja Munaita, UNHCR-Assistant Protection Officer- Statelessness Unit for availing herself whenever I had questions despite her busy schedule. In as much as others have contributed to this study, I alone am responsible for any shortcomings. iv Abstract This study investigates how the Shona identify in Kenya. It interrogates their identity within the tenets of Liberal Theory of citizenship, building on citizenship as a legal status. The study adopts Ager and Strang’s indicators of refugee integration- employment, housing, healthcare and education- with citizenship as the foundation of refugee integration. The study argues that the system of laws in Kenya on citizenship and legal identity though pegged on the liberal tradition of citizenship does not fully address the plight of minority communities facing challenges in acquiring a legal identity. Such communities must first be formally recognized in order to acquire a legal status. The findings of the study demonstrate that the Shona in Kenya identify as citizens but lack an effective nationality in the country they call home. The Shona claim of being citizens in Kenya citing the constitutional provision on citizenship by birth proves problematic since they bear the burden of proof of being born in Kenya but without necessary documentation. The study found out that the Shona in Kenya do not hold a refugee status. Hence, they are neither citizens nor refugees nor do they have a legal status of any country. They are therefore stateless in Kenya. The study further argues that their lack of documentation has limited their integration in Kenya since they cannot access formal employment, health services, education and housing fully compared to the local communities. All in all, the lack of recognition has prolonged their quest for a legal identity in Kenya. The study adopted qualitative method of research and used extant literature, oral interviews and archival data. Purposive sampling method was used to identify respondents based on age-range, geographical location and religious affiliation to the teachings of the Vapostori of the Gospel of God Church as propounded by the founder Johane Masowe. v Acronyms AU- African Union ACHPR - African (Banjul) Charter on Human and Peoples Rights BSAC- British South African Company BCE- Before the Current Era CAF- Central African Federation CRC - Convention on the Rights of the Child CRB- Credit Reference Bureau DCI – Department of Criminal Investigation DRA – Department of Refugee Affairs DRC – Democratic Republic of the Congo EACC- Ethics and Anti-Corruption Commission GPA- Global Political Agreements HELB- Higher Education Loans Board ID- Identification Card JKML – Jomo Kenyatta Memorial Library KJV – King James Version KRA- Kenya Revenue Authority MDC Movement for Democratic Change NHIF- National Hospital Insurance Fund NDP- Nationalist Democratic Party NGOs- Non-governmental Organizations RCD – Rassemblement Congolais pour la Democracy RSD – Refugee Status Determination RPF – Rwandese Patriotic Front SADC- Southern Africa Development Community UDI- Unilateral Declaration of Independence UDHR – Universal Declaration of Human Rights vi UK – United Kingdom UN – United Nations UoN – University of Nairobi UNHCR- United Nations High Commission for Refugees UOA – Unlawful Organizations Act ZANLA- Zimabawe African National Liberation Army ZANU-PF– Zimbabwe African National Union Patriotic Front ZAPU – Zimbabwe African People’s Union vii Map of Zimbabwe showing distribution of the Shona Language Groups Source: Tendai Guvamombe, News of the South, 2000, http://newsofthesouth.com, 24 October, 2019. viii Definition of Terms Autochthon- original inhabitants or indigenous people of Kenya. Refugee- a person male or female who is in Kenya and is determined by the UN Refugee Agency to be a refugee in accordance to the 1951 Convention Relating to the Status or Refugees and the OAU definition. Citizenship- a legal and political identity given by the Kenyan state. It gives the bearer the freedom to enjoy civil, political and social rights provided for by the state. Jus soli- birthright citizenship. Jus sanguinis- citizenship determined by having both or one parent who are citizens of Kenya. Jus connectionis- right of attachment to the Kenyan state. Citizen- a person who has a legal status given by the government of Kenya (National Registration Bureau: Department of Immigration and Registration of Persons). Nationality- ethnic group forming a part of one or more political nations or status of belonging to a particular nation. - It is synonymous with citizenship in international law. Statelessness- lack of a legal bond with any state. Stateless person- is one who is not a national of any state therefore not bound by its laws.1 De jure stateless- a person not considered a national by a state under the operation of its laws.2 De facto Stateless- a person who cannot establish his/her nationality and is without effective nationality.3 Apatride- stateless, homeless or displaced person. Allogene- stranger or foreigner. Allochtons- non-indigenous person relocated or displaced from other areas. 1 Convention Relating to the Status of Stateless Persons 1954, Article 1 2 Ibid. 3 Ibid. ix Table of Content Declaration ………………………………………………………………………………………ii Dedication ……………………………………………………………………………………….iii Acknowledgment ………………………………………………………………………………..iv Abstract …………………………………………………………………………………………..v Acronyms ……………………………………………………………………………………….vii Map of Zimbabwe showing the distribution of the Shona ………………………………….viii Definition of Terms ……………………………………………………………………………...ix Chapter One: Introduction 1.0 Introduction ………………………………………………………….......................................1 1.1 Background to the Study……………………………………………………………………….2 1.2 Statement of the Research Problem…………………………………………………………6 1.3 Objectives ………………………………………………………………………………...….6 1.3.1 Main objective ………………………………………………………………………………6 1.3.2 Specific Objectives ……………………………………………………………………….....6 1.4 Justification of the Study………………………………………………………………….......7 1.5 Scope and Limitations …………………………………………………………………………7 1.6 Literature Review ……………………………………………………………………………..8 1.6.1 Literature on Refugees………………………………………………….. ………………....13 1.7 Theoretical Framework …………………………………………………….………………...15 1.8 Hypotheses …………………………………………………………………………………..19 1.9 Methodology …………………………………………………………………………….......19 Chapter Two: The Shona and Kenya 2.0 Introduction ………………………………………………………………………………….21 2. 1 The Shona People …………………………………………………........................................21 2.2 A Brief History of Kenya …………………………………………………………………….29 2.3 A Brief History of Zimbabwe ………………………………………………………………..38 2.4 The Gospel of God Church …………………………………………………………………..44 2.5 The Shona in Kenya ………………………………………………………………………….47 2.6 Conclusion …………………………………………………………………………………...48 x Chapter Three: Citizenship Debate, Refugee-hood and the Shona in Kenya 3.0 Introduction ………………………………………………………………………………….50 3.1 Citizenship: a Never Ending Debate and the Shona in Kenya ………………………………50 3.2 The Kenyan Identification Regime ………………………………………………………….62 3.3 The Identification Card and Benefits of Citizenship …………………………………………70 3.4 The Shortcomings of the Kenyan Identification Regime ……………………………………71 3.5 The ‘Othering’ in the Kenyan Population Census ……………………………………………73 3.6 Jus soli and Jus sanguinis Citizenship in Kenya …………………………………………….75 3.7 Collective Identity vs Individual Identity ……………………………………………………77 3.8 Refugee-hood and the Shona in Kenya ………………………………………………………78 3.9 Conclusion …………………………………………………………………………………...86 Chapter Four: The Shona and the State of
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