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approval of the petitioner, the same was conducted fairly and within the law.
On whether the court had the power to make a decision on the petitioner’s nomination
by the president, the court held that the President of the Republic of Kenya was yet
to make the appointment formally on the advice of the National Assembly. As such,
the court could not decide on a decision that had not been made. The petition was
premature.
The petitioners case was dismissed on all grounds.
17. One could not acquire dual citizenship through the courts.
Jisvin Chandra Narottam Hemraj Premji Pattni v Director of Immigration &
another
High Court at Nairobi
Petition No. 251 of 2014
I Lenaola, J
September 17, 2015
When one had lost citizenship under the Repealed Constitution by acquiring the citizenship
of another country, then such a person had to follow right procedure to re-acquire his/her
citizenship. By-passing the process by applying for a National ID would not be interpreted as
being a dual citizen.
Summary of facts
The petitioner claimed to be Kenyan citizen and further claimed that his parents were
Kenyan citizens and holders of Kenyan Passports. He claimed that having been born in
Kenya, he was issued with a certificate of registration as a Kenyan citizen on August 19,
1968. The petitioner also claimed that he had a British passport which was renewed from
time to time and had lived in Kenya for 62 years, that he had established businesses and
investments and employed fellow citizens, contributed to the building of the nation like
any other Kenyan citizen and since then had been enjoying every right and entitlement just
like any other Kenyan citizen.
On November 24, 2011 the petitioner applied for a Kenyan Identity card which was given
to him on March 1, 2012. On January 31, 2013, he applied for a Kenyan passport and
was given to him with a receipt and was allocated a tracking Number. On realization by
the respondent that the petitioner had a British passport, his application for the Kenyan
passport was subsequently rejected on the grounds that he had ceased to be a Kenyan
CITIZENSHIP AND NATIONALITY RIGHTS CASE DIGEST
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