73 • Since the petitioner was threatened with deportation even when it was proved that he was legally in Kenya; and given that the intimidations and harassments had not been denied; it followed that his rights under article 39 of the Constitution (freedom of movement) had been violated. The prayers of the petitioners challenging the delay and challenging the deportation order were allowed. To that end the court ordered the petitioner’s fundamental rights and freedoms under 27(1) and (2) (freedom from discrimination), 39(1), (2) and (3) (freedom of movement and residence) and 47(1) and (2) (right to fair administrative action) of the Constitution of Kenya 2010, had been and continued to be contravened by the Cabinet Secretary, Ministry of Interior and Coordination and the Director of Immigration. The court also issued an order directed to the Director, Department of Immigration, compelling the Department to consider the petitioner’s application for citizenship within 45 days and file a Report in that regard before the Court. The court also issued an order against the Cabinet Secretary, Ministry of Interior and Coordination and the Director of Immigration prohibiting them from arresting, harassing and/ or deporting the petitioner or in any manner whatsoever curtailing the petitioner’s freedom of movement until his application for registration as a citizen had been duly considered. CITIZENSHIP AND NATIONALITY RIGHTS CASE DIGEST