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The petitioners argued that denial of national identity cards was a violation of their human
rights and due to the said violations they were unable to access benefits that are a result of
being Kenyan citizens including the right to employment, right to own property, right to
vote, right to education, right to acquire passports among other rights.
The respondents’ submissions
The Minister for Immigration claimed that through Gazette Notice No. 5320 a verification
exercise was carried out to identify non-Kenyan of Somali origin that had gotten to the
country without relevant documents. The respondent claimed that the Special Task
Force heard the applicants and considered all documentary and other evidence 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 claimed that the 40 petitioners herein were among persons whose
identity cards were cancelled as it was discovered that they were not Kenyans. Further, the
respondent claimed that the Principal Registrar of Persons could not issue new generation
identity cards to the petitioners because their records indicated that their registration had
been cancelled and that they were not citizens of Kenya.
Key issues to be determined
The main issue for the determination by the court was whether the courts had powers to
order for the registration of the aggrieved persons as citizens.
Summary of judgment
• The court held that the Report and/or letter dated October 6, 2016 indicated that the
petitioners appeared before the Tana Delta Identification committee. However, it was
unknown whether the petitioners were given an opportunity to be heard or whether
they gave any evidence. The report simply showed that the petitioners were found
to be from the Galjee community which impersonated Wardies and Degodias with
a view of obtaining national identity cards and that the petitioners confirmed that
during vetting.
• The report by the Tana Delta Identification Committee did not indicate that the
petitioners were given the opportunity to be heard whether orally or by way of
evidentiary documentation. Fair administration action as provided by the Constitution
sought to ensure that administrative bodies carried out their mandate within the law
and in adherence to the rules of natural justice.
• The court was of the view that although the right to The manner in which the committee carried out
screening process was not in line with the
citizenship was not an unconditional right under the the
dictates of article 47 of the Constitution.
Constitution, the same should not be undervalued.
Several other rights arise from possession of an identity
card such as freedom of movement, freedom of association and economic and social
rights. The committee should have been aware of what was at stake for the petitioners
and ensured that the process was fair and followed to the rule of law. The report
CITIZENSHIP AND NATIONALITY RIGHTS CASE DIGEST
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