50 article 12(1) of the Constitution, included the giving of passports, documents of registration or identification given by the State to its citizens. Such documents could only be denied, suspended or taken away in accordance with an Act of Parliament which satisfied the criteria set out in article 24 of the Constitution. • On the procedure for reapplying for Kenyan citizenship, the court held that nationality or citizenship by birth meant nationality that an individual was automatically validated/approved by law from the moment of birth rather than citizenship acquired as an adult or following any administrative process. The determination of citizenship would be a basic element in obliging the state to protect its citizens and to let them enjoy certain constitutional rights which were related to citizenship, for example, the right to vote. Section 10 of the Kenya Citizenship and Immigration Act provided that a person who had been a Kenyan citizen by birth but lost Kenyan citizenship after acquiring foreign citizenship could apply in the prescribed manner to the Cabinet Secretary to regain citizenship. The requirement was that such an application would be accompanied by proof of the applicant’s Kenyan citizenship. The application would have to be accompanied by proof of applicant’s previous Kenyan citizenship and proof of citizenship of the foreign country. • Lastly, the court held that there was no basis for the 1st respondent to refuse to grant the petitioners Kenyan passports. Under article 14(5) of the Constitution, the petitioners were entitled to regain citizenship upon making an application and under section 10 of the Kenya Citizenship and Immigration Act, the Cabinet Secretary was instructed to issue the necessary certificate in the prescribed form. The High Court was empowered to fashion appropriate reliefs for purposes of the enforcement of fundamental rights and freedoms pursuant to article 23(3) of the Constitution. Such relief would take various forms and it could include fashioning new reliefs that the circumstances of the case required. A declaration was issued to the effect that the refusal by the 1st respondent to grant the petitioners Kenyan Passports was an infringement of their constitutional rights under article 14(5) of the Constitution. The petitioners were Kenyan citizens by birth as provided under article 14(1) of the Constitution and were all entitled to rights of a citizen as provided under article 12(1) of the Constitution. 1st respondent to admit and process the petitioners; applications to regain their citizenship under article 14(5) of the Constitution and section 10(3) & (4) of the Act. An order of mandamus was issued compelling the 1st respondent to issue the petitioners with Kenyan passports. CITIZENSHIP AND NATIONALITY RIGHTS CASE DIGEST