Content A Case Law on Citizenship by Birth. 1. An abandoned infant that was found in Kenya would be presumed to be a Kenyan citizen. In re EC (Baby) [2020] eKLR................................................................................1 2. Applying for citizenship was an admission that one was not a citizen. Kulraj Singh Bhangra v Director General, Kenya Citizens and Foreign Nationals Management Service [2014] eKLR.........................................................................2 3. Citizenship by birth could not be taken away by refusal to provide documents of identification. Hersi Hassan Gutale & Another v Attorney General & Another [2013] eKLR........ 4 4. Pleading guilty to a charge of being in Kenya illegally and being convicted does not revoke a person’s citizenship by birth. Galma Duba Gufu v Attorney General and another................................................7 5. Due process is to be accorded to every person, whether they are citizens or not. Miguna Miguna v Fred Okengo Matiang’i, Cabinet Secretary, Ministry of Interior and Coordination of National Government & 7 others........................ 9 Comparative International Jurisprudence on Citizenship by Birth 6. Section 4 of the Botswana Citizenship Act 1984 Is unconstitutional. Attorney General v Dow....................................................................................................13 7. Prolonged detention and a conviction for unlawful entry and stay in a State where the convictee proved that he was a national of that State is a violation of various rights including the right to nationality. Robert John Penessis v United Republic of Tanzania...............................................15 8. African Court finds that an applicant had been deprived of nationality arbitrarily. Anudo Ochieng Anudo v The United Republic of Tanzania...................................17 CITIZENSHIP AND NATIONALITY RIGHTS CASE DIGEST I