48 • • • On whether, the petitioner could be given a Kenyan passport, the court held that the petitioner could not be given a Kenyan Passport while still holding the British nationality and a British passport the petitioner had neglected and or refused to renounce formally give up that nationality as at the time when he had the legal capacity to acquire either a Kenyan Identity card and or Kenyan passport. On whether the petitioner could get citizenship via the courts, the court held that section 8 of the Kenya Citizenship and Immigration Act, provided for the procedure of acquiring Kenyan Citizenship. There was no way the petitioner could acquire dual citizenship through the court at the first instance. On whether the petitioner’s rights were violated, the court held that the petitioner had received a letter from the department of immigration citing section 97 of the repealed Constitution, a letter of which sought to cancel the citizenship of the petitioner in selfcreated difficult position of not formally giving up the citizenship of the other country other than Kenya as per the legal requirement. The decline by the respondent to grant Kenyan citizenship to the petitioner was for valid and lawful reasons. There was no violation of any right including that of fair administrative action. 18. Legal procedure applicable to a person who sought to regain Kenyan citizenship and had been a Kenyan citizen by birth but had lost Kenyan citizenship by acquiring foreign citizenship. E W A & 2 others v Director of Immigration and Registration of Persons & another Petition No 352 of 2016 High Court at Nairobi Constitutional and Human Rights Division February 22, 2018 J M Mativo, J Persons who had lost their citizenship by birth by acquiring another nationality under the Repealed Constitution were entitled to regain their citizenship by birth (and dual citizenship) upon application. Citizenship by birth could not be lost. Summary of facts The petitioners were born as Kenyan citizens at hospitals in Nairobi, Kenya. They were adopted by two British citizens. Their adoption orders did not state that they would be presumed to be Kenyan citizens and pursuant to the adoption, they acquired British CITIZENSHIP AND NATIONALITY RIGHTS CASE DIGEST