8 • • • Dirib Gombo area in Marsabit County. He was examined and given a Kenyan identity card. His parents were Kenyans and father was the holder of a Kenyan identity card while his mother held Kenyan identity card. Therefore, the petitioner was a Kenyan by birth. There was no evidence that the petitioner’s citizenship was cancelled in accordance with section 21(2) of the Kenyan Citizenship and Immigration Act. Under article 17(2) of the Constitution, it had to be established that the person who was presumed to be a citizen by birth acquired the citizenship by fraud, false representation or concealment (failure to disclose) of any material fact or it was established that the person was a national of another country or his parentage was not Kenyan. On whether the petitioner had a valid National Identification Card, the court held that the petitioner’s Pleading guilty and being convicted of the contention that his identity card was taken in 2004 was charge of being in Kenya illegally did not cancel believable because that was the time he was arrested. The one’s citizenship. If a person’s parents were both Kenyan citizens by birth, then the person would petitioner had continuously been following up the issue be assumed to be a citizen by birth unless the of his identity card. Though the petitioner had taken too contrary was proved long to complain, the reality was that he had at all times maintained that his identity card was taken by the police in 2004. Indeed, he was given an identity card and Registrar of Persons in Marsabit County confirmed that it was given to him. The identity card was given to him in his capacity as a Kenyan by birth. Therefore, the petitioner was a Kenyan citizen by birth and the identity card given to him in 2002 was not gotten through fraud or misrepresentation of facts. On the citizenship status of the petitioner, the court held that there was no single document indicating that he was from Ethiopia or had ever lived in that county. In 2004 the Repealed Constitution did not allow dual citizenship. The letter dated June 16, 2019 did not state the reason for the invalidation of the petitioner’s records. It did not make reference to the court case as the reason as to why his records were nullified. The petitioner’s parents were Kenyans. They lived in Kenya. The petitioner lived in Kenya. There was no evidence that he renounced his Kenyan citizenship and became an Ethiopian. Even if the petitioner pleaded guilty to the charges of being in Kenya illegally or was convicted that did not make him a non-Kenyan. He was a Kenyan by birth and could not be stripped off his citizenship. The area chief and assistant chief had confirmed that they knew the petitioner since childhood. The position taken by the respondents that the petitioner pleaded guilty to being in Kenya illegally was not a good reason for taking away the petitioner’s Kenyan citizenship by birth. Citizenship came with several advantages. The petitioner’s children had been denied birth certificates since their father’s ID card was invalidated. The petitioner’s mobile registration was also cancelled and hence he could not enjoy the privileges which came with the possession of an identity card. The petitioner was a Kenyan citizen by birth. The court could not hold that he made CITIZENSHIP AND NATIONALITY RIGHTS CASE DIGEST