7 4. Pleading guilty to a charge of being in Kenya illegally and being convicted does not invalidate a person’s citizenship by birth. Galma Duba Gufu v Attorney General and another Petition No 5 of 2018 High Court at Marsabit S Chitembwe, J November 27, 2019 The only way one could lose citizenship by birth is by giving it up. Pleading guilty and being convicted of the charge of being in Kenya illegally did not cancel one’s citizenship. If a person’s parents were both Kenyan citizens by birth, then the person would be assumed to be a citizen by birth unless the contrary was proved. Summary of facts The petitioner’s case The petitioner claimed that he was a businessman in Marsabit and was born in 1982 at Dirib Gombo in Marsabit County. He further claimed that in the year 2002 there was vetting of people for registration purposes in his location and he was examined and three months later given a Kenyan identity card. The petitioner claimed that he was arrested on August 8, 2004 and taken to Sololo Police station and that his identity card was taken away by the police. He further alleged that he was charged with the offence of moving around at night and was fined Kshs.3000 in default to serve one-month imprisonment. The petitioner claimed that he went back to Moyale Police Station to collect his identity card and was directed to go to Sololo Police station but he was arrested again at the police station and placed in the cells for about two (2) hours and then released without being given his identity card. The petitioner claimed that he was a Kenyan and had not been charged with the offence of being a foreigner. The respondents’ case The respondents alleged that the applicant was charged and pleaded guilty to the offence of being in Kenya illegally. They claimed that such a conviction made him to be a non-citizen of Kenya. As such, the applicant was to be sent back to Ethiopia. Key issues for determination The main issue was whether pleading guilty to a charge of being in Kenya illegally and being convicted cancelled a person’s citizenship by birth. Summary of judgment • On whether the petitioner was a citizen, the court held that the petitioner was born at CITIZENSHIP AND NATIONALITY RIGHTS CASE DIGEST