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For decades, Kenyan Somalis have faced a unique challenge when applying for national identification documents.
Unlike most Kenyans, they have been subjected to an additional vetting process, which has long been criticised as discriminatory and unconstitutional.
President William Ruto's recent decision to abolish this vetting marks a historic shift in policy aimed at fostering inclusivity and ensuring equal treatment for all Kenyans.
The Legal Framework for ID Issuance in Kenya
The issuance of Kenyan national IDs and passports is governed by the Registration of Persons Act. Specifically, Section 6 of the Act provides the legal foundation for the issuance of these documents.
Rule 4 of the Registration of Persons Rules, which implements Section 6, requires applicants to provide two key documents: Proof of birth in Kenya (birth notification, birth certificate, or baptismal card) and proof of citizenship (either a parent's Kenyan ID or passport).
Why Were Kenyan Somalis Vetted?
Despite the legal framework, Kenyan Somalis, particularly those in border counties ,were subjected to an extra vetting process.
The rationale for this additional scrutiny was national security, under the assumption that individuals from these regions could be linked to neighbouring Somalia.
The vetting process was conducted by a security committee consisting of the National Intelligence Service (NIS), National Police Service, Chiefs and community elders.
Applicants were required to produce additional evidence beyond the standard requirements, including, their grandparents' IDs and witnesses to attest to their birth in Kenya.
Problems with the Vetting Process
While national security concerns are valid, the vetting process lacked a legal foundation, making it highly subjective.
Key concerns included the lack of a legal basis. The Constitution of Kenya (Article 14(1)) states that being born in Kenya is sufficient proof of citizenship.
Therefore, requiring additional documentation beyond the Registration of Persons Act is unconstitutional.
Since vetting decisions were left to the discretion of committees, many applicants faced delays, exploitation, and even denial of their rightful IDs due to bias or corruption.
The process also disproportionately affected Kenyan Somalis, reinforcing ethnic profiling and alienating a significant portion of the population.
President Ruto’s declaration
President William Ruto abolished the vetting process for Kenyan Somalis in February 2025. This decision ends a practice that has been in place since the 1990s and recognises the unfair treatment Kenyan Somalis have endured.
He also reaffirmed that national security should not be used as a basis for discrimination.
According to the government, the removal of vetting does not mean national security will be compromised.
Instead, it calls for a more balanced approach, ensuring that legitimate security concerns are addressed without infringing on constitutional rights.