X Case Law on Citizenship by Birth. • An abandoned infant that was found in Kenya would be presumed to be a Kenyan citizen. • Applying for citizenship was an admission that one was not a citizen. • Citizenship by birth could not be taken away by refusal to provide documents of identification. • Pleading guilty to a charge of being in Kenya illegally and being convicted does not revoke a person’s citizenship by birth. • Due process is to be accorded to every person, whether they are citizens or not. Comparative International Jurisprudence on Citizenship by Birth • Section 4 of the Botswana Citizenship Act 1984 Is unconstitutional. • Prolonged detention and a conviction for unlawful entry and stay in a State where the convictee proved that he was a national of that State is a violation of various rights including the right to nationality. • African Court finds that an applicant had been deprived of nationality arbitrarily. • Meaning of citizenship by birth under section 2(1)(b) of the amended South African Citizenship Act. • Case Law on the Property Rights of Citizens and Foreigners Lesotho • The meaning of the term “real and effective nationality.” CITIZENSHIP AND NATIONALITY RIGHTS CASE DIGEST