68 • equality Commissions, The Kenya National Human Rights Commission and the National Gender and Equality Commission, to attend court as amici curiae (friends of the court) and assist in the fair determination of the dispute. The prayers for the Principal Registrar of Persons to consider the applicants’ application for identity cards was allowed. To this end the court ordered the Principal Registrar of Persons to consider on a case by case basis the application for identity cards by the applicants as citizens of Kenya and to give reasons for its decision if it be adverse to interests of the applicants to enable them challenge the decision before the court by further proceedings was issued. An order that further proceedings should be heard before the Registrar with the assistance of the two national Human Rights and Equality Commissions with report to the court before final orders were made. 23. The court had no authority to declare anyone a citizen of Kenya nor could it order the Principal Registrar of Persons to issue persons with identity cards. Muslims for Human Rights (Muhuri) On behalf of 40 others v Minister for Immigration & 5 others Constitutional Petition 50 of 2011 High Court at Mombasa E. K. O. Ogola, J October 17, 2017 A court of law could not assume the powers of immigration and internal security authorities. A court of law could not declare one a citizen nor could it grant national identification and travel documents to an aggrieved party. A court could only review the decision making process and give prerogative orders on the process. Summary of facts Muslims for Human Rights (Muhuri) (petitioner) claim was that in the year 1990, the 40 individuals on whose behalf the petition was brought had their identity cards repossessed by the Government of Kenya by a state appointed task force for registration of Kenyan Somalis. The petitioners claimed that they were then given letters by the task force to act as identification documents awaiting investigation. It was stated that the investigations were completed within 20 days but the identification cards were not returned to the petitioners. Fifteen years later, in 2005, the petitioners claimed that twelve were issued with waiting cards. CITIZENSHIP AND NATIONALITY RIGHTS CASE DIGEST

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