66
22. Courts could not order for aggrieved parties to be registered as
citizens without reviewing the decision that deregistered the
aggrieved parties.
Muslims for Human Rights (Muhuri) On behalf of 40 others v Minister for
Immigration & 5 others
Constitutional Petition 50 of 2011
High Court at Mombasa
EM Muriithi, J
August 1, 2014
A court could review the decision making process of a citizenship application or the process of
deregistering a person as a citizen and give prerogative orders on the process. So as to determine
the propriety of the process, the court may order for the report or other information on the
deregistration of an aggrieved person as a citizen to be produced and reviewed.
Summary of facts
The petitioner’s submissions
The petitioner alleged that in the year 1990, the 40 individuals on whose behalf the instant
petition was brought had their identity cards taken away by the Government of Kenya
until further notice by a state appointed task force for registration of Kenyan Somalis. The
petitioners claimed that they were then given letters by the task force to act as identification
documents awaiting investigation. It was claimed that the investigations were completed
within 20 days but the identification cards were not returned to the petitioners. Fifteen
years later, in 2005, the petitioners claimed that a handful of them being twelve (12) in
number were given waiting cards.
The petitioners argued that denial of national identity cards was a violation of their human
rights and because of the said violations they were unable to access benefits that flow
by virtue of being Kenyan citizens including the right to employment, right to acquire
property, right to vote, right to education, right to acquire passports among other rights.
The respondents’ submissions
The respondents claimed that through Gazette Notice No. 5320 a verification exercise
was carried out to identify non-Kenyan of Somali origin that had entered the country
without relevant documents. The respondent claimed that the Special Task Force heard the
applicants and considered all documentary and other evidence given to it and made findings
in October 1991 wherein it issued verification certificates to Kenyan Somalis and took
away Identity cards of non-Kenyan Somalis who were then required to return to Somalia.
The respondent alleged that the 40 petitioners were among persons whose identity cards
were cancelled as it was discovered that they were not Kenyans. Further, the respondent
CITIZENSHIP AND NATIONALITY RIGHTS CASE DIGEST
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