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powers as the capacity to make such determination was with the 2nd respondent’s
officers and not the court.
The petition was partly allowed. The court directed for the petitioner’s application to
be considered on its merit at the place lodged. The court issued a declaration that the
respondents violated the petitioner’s rights to fair administrative action by not affording the
petitioner a hearing and not giving written reasons for the denial of the identification card.
21. The court could not compel immigration authorities to register a
person as a citizen where that person was already legally designated
as a refugee.
Abdikadir Salat Gedi v Principal Registrar of Persons and Another
Judicial Review Miscellaneous Application No.15 of 2012
High Court of Kenya at Garissa
SN Mutuku, J
March 31, 2014
Even where one was a Kenyan by birth, should one register as a refugee for whatever reason, the
court was not in a position to order for the person’s citizenship status to be changed from refugee
to a citizen.
Summary of facts
The applicant claimed that he was a Kenyan citizen by birth, born to parents who were
Kenyan citizens and who had Kenyan national identity cards. He alleged that he was
misled to register as a refugee at IFO Refugee Camp using the name Mohammed Ahmed
Ibrahim in order to get food rations. When he applied for a Kenyan national identity card
he was not able to obtain it. The applicant made a statutory declaration to clarify his status
as a Kenyan citizen and obtained a letter from the Chief of Damaljaf location confirming
that he was a resident there.
The applicant tried to be registered as a citizen, however the authorities found that he had
previously registered as a refugee and as a result, denied his application. The applicant
claimed that the Principal Registrar of Persons’ and the Commissioner for Refugee Affairs’
(hereafter referred to as respondents) refusal to deregister him as a refugee and to issue him
with the identity card was beyond their powers, an error in law, in bad faith, an abuse of
power, irrational, biased, illegal, oppressive and was against his legitimate expectations.
CITIZENSHIP AND NATIONALITY RIGHTS CASE DIGEST
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