60 8. Citizens can easily access employment opportunities without the need to acquire work permits. As an entry requirement, most employers require an ID. A non-citizen may only acquire a work permit if they can prove that their field of expertise is outside the scope of a Kenyan. It is a stringent requirement that locks out non-citizens from citizenship opportunities. Legal Framework for the Issuance of National Identification Cards. As already shown, the national identity card has numerous benefits. In acquiring an ID, one is required to provide two things: proof of age and proof of citizenship. The proof of citizenship and age are the most important elements of then registration process. In order to prove age, the law states that the registration officer shall demand the production of a birth certificate or an age assessment certificate issued by a Government medical officer of health, or a baptismal certificate issued by a minister of a recognised religious organisation immediately following his birth or some other evidence acceptable to the registration officer. However, for proof of citizenship, the law does not specify what documentation may be used for that purpose and seems to give the Principal Registrar discretion to decide on which documents are relevant for proof of citizenship. The law also states that every person shall present himself before a registration officer and register himself by “giving to the registration officer the particulars specified...” The law also states, without specifying, that the registrar shall “demand proof of Kenyan citizenship” from the applicant. Nonetheless, the practice has been to have all Kenyan citizens by birth to prove citizenship by producing their parent’s identity cards. Citizens by registration or naturalisation have to produce respective certificates. The fact that the law is not specific on this question shows there is a gap where unlimited discretion is granted to the registration officer by omission. Can the court order for persons to be issued with identification documents? The Constitution is clear on the legal framework of division of powers. Whereas the High Court has the power to review decision making process, it does not have the power of the Principal Registrar of Persons under the Department of Immigration of giving citizenship or documents such as identity cards and passports. The court can review the decision making process and check if it adhered to the right to administrative action under article 47 of the Constitution of Kenya. If the High Court finds that such a process violated article 47, it can give orders for such a process to be restarted and for the process to follow the laid out procedures as stipulated by the law. The court also has the powers to issue prerogative orders, such as an order for mandamus (order of compelling mandatory performance), to compel the relevant parties to provide applicants with the documents, reports or decisions they need to apply for citizenship or to challenge the decision not to grant them citizenship. CITIZENSHIP AND NATIONALITY RIGHTS CASE DIGEST