69 The petitioners argued that denial of national identity cards was a violation of their human rights and due to the said violations they were unable to access benefits that are a result of being Kenyan citizens including the right to employment, right to own property, right to vote, right to education, right to acquire passports among other rights. The respondents’ submissions The Minister for Immigration claimed that through Gazette Notice No. 5320 a verification exercise was carried out to identify non-Kenyan of Somali origin that had gotten to the country without relevant documents. The respondent claimed that the Special Task Force heard the applicants and considered all documentary and other evidence and made findings in October 1991 wherein it issued verification certificates to Kenyan Somalis and took away Identity cards of non-Kenyan Somalis who were then required to return to Somalia. The respondent claimed that the 40 petitioners herein were among persons whose identity cards were cancelled as it was discovered that they were not Kenyans. Further, the respondent claimed that the Principal Registrar of Persons could not issue new generation identity cards to the petitioners because their records indicated that their registration had been cancelled and that they were not citizens of Kenya. Key issues to be determined The main issue for the determination by the court was whether the courts had powers to order for the registration of the aggrieved persons as citizens. Summary of judgment • The court held that the Report and/or letter dated October 6, 2016 indicated that the petitioners appeared before the Tana Delta Identification committee. However, it was unknown whether the petitioners were given an opportunity to be heard or whether they gave any evidence. The report simply showed that the petitioners were found to be from the Galjee community which impersonated Wardies and Degodias with a view of obtaining national identity cards and that the petitioners confirmed that during vetting. • The report by the Tana Delta Identification Committee did not indicate that the petitioners were given the opportunity to be heard whether orally or by way of evidentiary documentation. Fair administration action as provided by the Constitution sought to ensure that administrative bodies carried out their mandate within the law and in adherence to the rules of natural justice. • The court was of the view that although the right to The manner in which the committee carried out screening process was not in line with the citizenship was not an unconditional right under the the dictates of article 47 of the Constitution. Constitution, the same should not be undervalued. Several other rights arise from possession of an identity card such as freedom of movement, freedom of association and economic and social rights. The committee should have been aware of what was at stake for the petitioners and ensured that the process was fair and followed to the rule of law. The report CITIZENSHIP AND NATIONALITY RIGHTS CASE DIGEST