32 • • • ex-parte applicant was entitled to administrative action which was fair, expeditious, efficient, lawful, reasonable and procedurally fair. A delay of six months in processing the application for citizenship had prompted the applicant to apply for the judicial review orders of mandamus (orders compelling mandatory performance). The apparent delay of six months was unreasonable . On citizenship by registration through marriage to a Kenyan citizen, the court held that article 15 of the Constitution of Kenya 2010 provided that a person who had been married to a Kenyan citizen for at least seven years was entitled, upon making an application, to be registered as a citizen. However, there were conditions attached to the grant of citizenship in such situations of marriage, particularly under section 11 of the Kenya Citizenship and Immigration Act, 2011, No 12 of 2011. The import of section 11 of the Kenya Citizenship and Immigration Act, 2011, No 12 of 2011 was that the grant of citizenship to a person married in Kenya was not absolute and it would be subject to certain conditions to the effect that citizenship would not be granted unless; a) the marriage was performed and celebrated under a system of law recognized in Kenya, whether celebrated in Kenya or outside Kenya; b) the applicant had not been declared a prohibited immigrant under the Act or any other law; c) the applicant had not been convicted of an offence and sentenced to imprisonment for a term of three years or longer; d) the marriage was not entered into for the purpose of The court further observed that Mr. Nottebohm’s to Liechtenstein were extremely acquiring a status or privilege i n connections weak as he had no home there nor a prolonged relation to immigration or citizenship; and residence in Liechtenstein. e) the marriage was existing at the time of the application. Furthermore, the provision of confidential security reports about persons who had applied for citizenship was among the functions of the National Intelligence Service recognized under section 5(1)(g)(ii) of the National Intelligence Service Act, No 28 of 2012. However, the provision of confidential security reports was also subject to the right to fair administrative action and delaying the release of such a report for an unnecessary and unjustified period of time would amount to an abuse of power. The import of Article 259(8) of the Constitution of Kenya 2010 was that if a particular time was not prescribed for purposes of the performance of an act required by the Constitution such performance would be done without unreasonable delay and as often as occasion arises. The prayers challenging the delay were allowed. To this end the court issued an order to the Cabinet Secretary for Ministry of Interior and Co-ordination of National Government, the Director of Department of Immigration Services, to issue all relevant and necessary Documents for the registration of the applicant as a Kenyan Citizen within thirty (30) days from the order issued by this Honourable Court, excluding the vacation days, in the name of the applicant in respect of her formal and official application. CITIZENSHIP AND NATIONALITY RIGHTS CASE DIGEST