33 13. The grant of citizenship to persons married to Kenyan citizens is not automatic. S N v Cabinet Secretary for the Ministry of Interior and Co-ordination of National Management Services, Director General, Kenya Citizens & Foreign Nationals Management Services & Attorney General [2016] eKLR Miscellaneous Civil Application 406 of 2015 High Court at Nairobi G. Odunga J October 10, 2016 The grant/ conferment of citizenship for persons married to Kenyan citizens is not automatic. The relevant authorities have to investigate as whether such applicants are deserving and also reasons for the same given to them. Summary of facts The applicant was a Pakistani National who contracted a marriage with a citizen of the Republic of Kenya on November 15, 1985. The applicant applied for registration as a citizen of Kenya by a spouse of a Kenyan citizen to the Director General, Kenya Citizens and Foreign Nationals Management Services (2nd Respondent) in 2011, which application was approved on January 16, 2012. The applicant never received any response or communication from the respondents despite her efforts to obtain the same. The applicant claimed that the 2nd respondent had refused and neglected to issue her a Kenya citizenship certificate and had not offered any explanation for such refusal for a period of more than two and a half years despite her advocates making numerous enquiries at the relevant counter at the Immigration Department as to the progress of the approved application for citizenship to compel the Cabinet Secretary for the Ministry of Interior and Co-ordination of National Management Services, Director General, Kenya Citizens & Foreign Nationals Management Services and the Attorney General to issue to the applicant the certificate of Kenya Citizenship. The respondents’ submissions The application was not opposed by the respondent. Key issues for determination The main issues to be determined were whether a person married to a Kenyan Citizen for seven years was on application guaranteed to be registered as a Kenyan Citizen. In that regard, could a court, via the judicial review remedy of mandamus (order compelling mandatory performance), direct that a person be registered as a Kenyan Citizen. The court also had to determine what was the legal consequence of an executive authority’s failure to give reasons for an administrative action? Summary of judgement • On whether the delay was unreasonable, the court held that a delay of six months in processing an application for citizenship amounted to excessive delay. The delay CITIZENSHIP AND NATIONALITY RIGHTS CASE DIGEST