6 Key issues for determination The main issues was whether a citizenship by birth could be taken away by refusal to provide documents of identification. Summary of judgment • On the privileges of a natural born citizen, the court held that the citizenship of a natural born citizen cannot be taken away or privileges or benefits of citizenship taken away by refusal to provide documents of identification. • On the different duties between the court and the Registrar of the Registrar of Persons Act, the court held that the duty to carry out appropriate inquiries and to hear the petitioners was a duty cast upon the Registrar by the Registration of Persons Act (Cap 107). In exercising such authority, the Registrar had to act in accordance with the law bearing in mind the provisions of the Constitution particularly the fundamental rights and freedoms of the petitioners which entitled the petitioners to fair administrative action. It was not for the Court to substitute itself as the Registrar unless the decision of the Registrar contravened the Constitution and the law. • On whether the case was res judicata, (a matter decided in finality) the court held that although the High Court dealt in the previous proceedings with the issue of legality of the screening process, it specifically declined to deal with the petitioners’ citizenship. Therefore, the issue of the petitioners’ citizenship was not res-judicata (a matter decided in finality by a judge). Court ordered the petitioners’ application for new generation identity cards to be considered by the Principal Registrar of Persons within 45 days. CITIZENSHIP AND NATIONALITY RIGHTS CASE DIGEST