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8. African Court finds that an applicant had been deprived of
nationality arbitrarily.
Anudo Ochieng Anudo v The United Republic of Tanzania
Application No. 012/2015
African Court on Human and Peoples’ Rights
S Ore, P, B Kioko, VP, G Niyungeko, EH Guisse, RB Achour, NSO Mengue, MT
Mukamulisa, TR Chizumila, C Bensaouia, JJ
March 22, 2018
Administrative actions regarding one’s nationality should have the right of appeal.
Summary of Facts
The applicant stated that he was born in 1979 in Masinono, Butiama, United Republic
of Tanzania. In 2012, the applicant approached Tanzanian authorities seeking to process
formalities for his marriage. The police retained his passport on grounds that there were
suspicions about his Tanzanian citizenship. In the months of April and May 2014, the
Tanzanian immigration service inquired into the matter. Residents of Masinono village
stated that he was the biological son of two Tanzanian nationals except that his uncle stated
that he had been born in Kenya and then he immigrated to Tanzania. By a letter dated
August 21, 2014, the Minister of Home Affairs and lmmigration informed the applicant
that they had concluded that he was not a Tanzanian national and that his passport had
been issued on the basis of fake documents and it was cancelled. Ultimately, on September
1, 2014, the applicant was expelled from Tanzania after being forced to sign a notice of
deportation and a document confirming that he was a Kenyan national.
In Kenya, the applicant faced charges at the Homa Bay Resident Magistrates Court which
declared him to be of an irregular status and fined him for an illegal stay in Kenya. He was
to be expelled to Tanzania as a result of that decision. The applicant alleged that he had
been living in a “no man’s land” between the Tanzania-Kenya border in Sirari. He added
that he was living under very difficult conditions without basic social and health services.
Further, the applicant explained that his expulsion from Tanzania was because he had
refused to pay immigration services a certain amount of money. He therefore alleged that
his expulsion was due to corruption.
The applicant prayed for among other things, the cancellation of the prohibited immigrant
notice issued against him and for a declaration that he was a citizen of the United Republic
of Tanzania.
Key issues to be determined
The court was to determine whether the applicant’s deprivation of nationality was
unreasonable and whether a citizen could be prevented from returning to his country.
CITIZENSHIP AND NATIONALITY RIGHTS CASE DIGEST
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