54 D. Case Law on the Right to Fair Administrative Action 19. Authorities had to submit confidential information in court where a decision based on the said confidential information was being challenged in court. Bashir Mohamed Jama Abdi v Minister for Immigration and Registration of Persons & 2 others [2014] eKLR Petition 586 of 2012 High Court at Nairobi I Lenaola, J March 7, 2014 Even if certain material was considered classified, when a challenge was made in court, the authorities should apply for the court to view the “closed” material for it to understand the enormity of the threat posed by the aggrieved party. By keeping silent, the actions of the authorities, however noble, could not pass the test of legal scrutiny. Summary of facts The petitioner’s son had travelled from the United Kingdom (UK) to Kenya and on arrival at the Jomo Kenyatta International Airport, he was stopped at the Immigration Desk and informed that he was not allowed to enter Kenya because he was involved in terrorist activities. He was thereafter put on the next flight to the United Kingdom where he had been living freely and without any charges being preferred against him and from evidence on record, he was not even interrogated by British authorities on the allegations levelled against him. The petitioner’s case was that his son was entitled to the citizenship of the Republic of Kenya and that although his son was a naturalised citizen of the United Kingdom, he was still entitled to the citizenship of Kenya as a dual citizen under the Kenya Citizenship and Immigration Act, 2011. That although he had applied for a Kenyan passport, the same had been denied unlawfully on the grounds that he was involved in terrorist activities which allegation was unproven. The respondent’s submissions The respondents’ case was that the petitioner’s son was put on the Terrorist Watch List and he was prohibited from entering Kenya in accordance with the provisions of section 33 of the Kenya Citizenship and Immigration Act, 2011. Key issues for determination The main issues for determination were what was the process for re-acquiring citizenship CITIZENSHIP AND NATIONALITY RIGHTS CASE DIGEST