4
administrative action that was “fast, efficient, lawful, reasonable and procedurally
fair”. The right to fair administrative action also provided that written reasons for an
action had to be given. No reasons were given in this case. There was a clear violation
of article 47(1) and (2) of the Constitution.
The court declared that the respondents had violated the rights of the petitioner under article
47(1)of the Constitution to administrative action that was efficient, lawful, reasonable and
procedurally fair and that the respondent had violated the rights of the petitioner under article
47(2) of the Constitution that entitled one to be notified in writing of any adverse actions
against him. The respondent was to within 14 days of the date of delivery of the judgment to
consider the petitioner’s application as a citizen of Kenya and therefore comply with article 47
of the Constitution.
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
Petition 50 of 2011
High Court at Nairobi
DS Majanja, J
January 21, 2013
Refusal of authorities to issue natural born citizens does not take away their citizenship or the
privileges and benefits of being a citizen.
Summary of facts
On November 10, 1989 the Principal Registrar of Persons (the Registrar/2nd respondent)
published a notice on the Kenya Gazette (Gazette Notice No. 5320) that stated:
“In accordance with section 8 of the Registration of Persons Act, the Principal Registrar
requires all persons of the Somali ethnic Community resident in Kenya who are eighteen
(18) years and above to attend before the registration officers at the centre specified in
the Second column of the schedule and furnish such documentary or other evidence of
the truth of their registration between 13th November 1989 and 4th December 1989.”
Under an earlier Gazette Notice No. 5319 dated November 7, 1989, the Registrar had
appointed senior public officials as registrars to confirm the accuracy of registration
documents of all Kenyans of Somali origin. The task force referred to the Yusuf Haji task
force.
CITIZENSHIP AND NATIONALITY RIGHTS CASE DIGEST
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