55 by birth where one had lost it pre the Constitution of Kenya, 2010 by acquiring the citizenship of another country? Whether a person who was entitled to citizenship of Kenya by birth but had acquired the citizenship of another country before 2010 could regain citizenship by simply just applying for a national identity card. The court also looked into whether the petitioner’s declaration as a prohibited immigrant was done according to the law and whether the authorities had to submit confidential information in court where a decision based on the said confidential information was being challenged in court. Lastly, the court reviewed whether the petitioner’s right to fair administrative action had been violated. Summary of judgment • Cabdiqani Bashir Maxamed was the biological son of the petitioner and his wife, Halima Jama Hassan. The petitioner and his wife were citizens of the Republic of Kenya and were both of the Somali Community. The petitioner’s son would have been entitled to the citizenship of Kenya as a birth right. It was not in doubt that both his parents were citizens of Kenya at the time of his birth and that explained the fact that he was indeed issued with a birth certificate and a Kenyan Passport. • Prior to the Constitution of Kenya, 2010, Kenya did not have any provision for dual citizenship and so upon acquiring the citizenship of the United Kingdom (by falsely pretending that he had been born in Somalia), the petitioner’s son automatically lost his Kenyan citizenship and he could only regain it through an application, under article 14(5) of the Constitution. Whereas the petitioner’s son had framed his petition as if the petitioner was entitled to citizenship as a birth right, that was not the legal position because he voluntarily applied for the citizenship of another County, (the United Kingdom) and thereby lost his Kenyan citizenship as a matter of law. He could only therefore regain it by the procedure above and not as Denying the petitioner’s son entry into Kenya a matter of right. and deporting him to the UK without a formal process or service on him of any written • Rule 5 of the Kenya Citizenship and Immigration allegations, reasons or order/s and without Regulations, 2012 (L.N. No.64/2012) created Form 1 according him a hearing; denying him to which was an application to regain Kenyan Citizenship and contact his family or counsel to appeal against order of denial of entry into Kenya and upon the Cabinet Secretary considering that application, the deportation to the UK, was a violation of the he could issue a certificate in Form 2. There was no subject’s fundamental rights application in the nature of Form 1. What was before the court was an application for an Identity card according to the provisions of the Registration of Persons Act, Cap.107. That application could only be made after and not before an application to regain citizenship had been made and so it was premature. • The Kenya Citizenship and Immigration Act (the Act) gave the Cabinet Secretary certain powers regarding persons considered to be undesirable in Kenya because of their actions including support for terrorism. In the case of the petitioner’s son, there CITIZENSHIP AND NATIONALITY RIGHTS CASE DIGEST