56 was no direct action taken by the Cabinet Secretary. There was only a recommendation from the Director of the National Security Intelligence Service to the Director, Immigration Services who acted by having the petitioner denied entry into Kenya. Whatever the reasons for denying the petitioner’s son entry into Kenya, some measure of due process should have been followed including letting him know of the reasons why, while he had left Kenya without incident, he was now being denied entry because of alleged terrorist links. • Whether or not there were plausible grounds on account of national security as against the petitioner, the respondents breached the law in the casual nature they treated the petitioner’s son in the circumstances. Even if certain material was considered classified, when a challenge was made in Court, the respondents could and should have applied for the court to view the “closed” material for it to understand the enormity of the threat posed by the petitioner. By keeping mum, its actions, however noble, did not pass the test of legal scrutiny. Due process was not followed in denying the petitioner’s son entry into Kenya and the procedure followed was not in line with the expectations of the Act and the Constitution. Denying the petitioner’s son entry into Kenya and deporting him to the UK without a formal process or service on him of any written allegations, reasons or order/s and without according him a hearing; denying him to contact his family or counsel to appeal against the order of denial of entry into Kenya and deportation to the UK, was a violation of the subject’s fundamental rights and freedoms as to equal treatment and equal action/justice, to deprivation of the society and recognition of his family under articles 27(1)(freedom from discrimination), 45(1)(provisions that recognized the family as the natural unit of society) and 47 (right to fair administrative action) of the Constitution. An an order also issued compelling the Cabinet Secretary Ministry of Interior and Coordination and the Director of Immigration to facilitate, and expedite the processing of an application for regaining Kenyan citizenship by the subject the petitioner’s son in his name of birth of “ABDI BASHIR MOHAMED” at any of the Kenyan diplomatic missions abroad and for a decision to be made one way or the other regarding that application. CITIZENSHIP AND NATIONALITY RIGHTS CASE DIGEST

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents