47 citizen by virtue of section 97 of the Repealed Constitution having his British Citizenship by March 21, 1975. The petitioner contested that the action by the respondent was unconstitutional, illegal, invalid and was also a violation of his constitutional rights. He claimed that, by being a citizen by birth and as a Kenyan citizen, having been given an identity card, he was equally entitled to a Kenyan passport as a matter of right. The respondents’ submissions The respondent claimed that the petitioner was not a citizen of Kenya because he was born before his father acquired Kenyan citizenship (his parents were born in India and not Kenya). In the circumstances, the principle applicable to his case was acquisition of citizenship by blood and not by place of birth. They also claimed that the fact that the petitioner held a birth certificate issued in Kenya was only proof of birth in Kenya and not citizenship. They claimed that the Kenyan identity card given to him was invalid as it could have been given to him while he continued being a British citizen. They also claimed that the said identity card ought therefore to be surrendered back to the Government of Kenya for cancellation. The respondents argued that the petitioner had admitted that he was not a citizen of Kenya by formally applying for such citizenship since prior to 2010, dual nationality was not lawful in Kenya. Lastly they claimed that the petitioner could not be given a passport until he was registered as a citizen of Kenya. Key issues to be determined The main issues for determination were whether the petitioner had followed the right procedure to be entitled to acquire dual citizenship, whether one could by-pass the Department of Immigration and attain dual citizenship via the High Court. Summary of judgment • On whether the petitioner had ever acquired Kenyan citizenship, the court held that as of December 12, 1963 when Kenya became a Republic and the petitioner was only 11 years old and a foreign national. He attained the age of twenty-one years on March 22, 1973 and as at that date; he had already acquired the citizenship of Kenya by fact of registration on the August 19, 1968. At The court held that the petitioner could not both dates the petitioner had not formally given up his be given a Kenyan Passport while still holding British nationality and a British passport other country’s citizenship (whether British or Indian) the the petitioner had neglected and or refused to neither had he taken an oath of loyalty and obedience as renounce formally give up that nationality as required by law, therefore the petitioner ceased to be a at the time when he had the legal capacity to acquire either a Kenyan Identity card and or citizen of Kenya by virtue of section 97(3) of the repealed Kenyan passport. Constitution on March 22, 1973 and he only retained his foreign nationality whether Indian or British as at that date. • On whether the petitioner had a valid claim to be a dual citizen, the court held that dual nationality was not recognized by the repealed Constitution or any statute enacted pursuant to section 97 of the repealed Constitution. CITIZENSHIP AND NATIONALITY RIGHTS CASE DIGEST