9 a fresh application for purposes of regaining his citizenship because he would have to prove the citizenship of his current country. Currently, he lived in Kenya and the evidence showed that he had all along lived in Kenya. He could not prove that he was an Ethiopian citizen and proof of citizenship of another country was a requirement when one made an application to regain Kenyan citizenship. The petitioner’s parents were Kenyans. His mother testified that she obtained her first identity card when she was 20 years old. Therefore, as long as the petitioner’s parents were Kenyans the petitioner would remain a Kenyan by birth unless the contrary was proved. Citizenship by birth could not be lost unless one renounced it. The court declared that the petitioner was holder of a valid Kenya National identity card and remained the legitimate holder of the Identity Card and that the petitioner was a Kenyan citizen by birth. The respondents (Office of the Attorney General & the Minister Internal Security and National Coordination) were ordered to surrender to the petitioner his national identity card and were stopped from interfering with the petitioner’s right of being a Kenyan citizen. 5. Due process is to be accorded to every person, whether they are citizens or not. Miguna Miguna v Fred Okengo Matiang’i, Cabinet Secretary, Ministry of Interior and Coordination of National Government & 7 others Constitutional Petition No. 51 of 2018 High Court at Nairobi E C Mwita, J December 14, 2018 Due process is to be accorded to every person, whether they are citizens or not. Every person had the right to fair administrative action. Summary of facts The petitioner’s submissions The petitioner was arrested at his house after members of the police force forcefully gained entry into his residence by use of explosives. Once they arrested the petitioner, they drove him to various police stations where they held him for several days and he was not allowed to communicate with others. Furthermore the petitioner was subjected to torture; inhuman treatment; was made to stand for long periods and was only given food twice for the entire period while imprisoned. The petitioner was taken to the Kajiado Law Courts to take a plea but the court declined CITIZENSHIP AND NATIONALITY RIGHTS CASE DIGEST