71 24. The court could not intervene and declare that the applicant was entitled to Kenyan citizenship no matter how compelling an applicant’s case could be. Egal Mohamed Osman v Cabinet Secretary, Ministry of Interior and Co-ordination of National Government & 2 others [2015] eKLR Petition 176 of 2014 High Court at Nairobi I Lenaola, J February 13, 2015 A court of law could not assume the powers of the Department of Immigration and declare one a citizen. A court could however review the decision making process and give prerogative orders on the process. Summary of facts The petitioner’s submissions The petitioner claimed that he legally entered Kenya and held a legal entry permit and currently worked in Kenya as a lecturer in an international university. The petitioner was married to a Kenyan citizen and together they had five children. The petitioner claimed that he applied for citizenship by registration based section 11 of the Kenya Citizenship and Immigration Act (the Act) and invoking the rights under article 15(1) of the Constitution of Kenya, 2010 (Constitution). That despite many visits to the Director of Immigration (3rd respondent’s) offices, he never received any communication as to why his application had not been considered. However, on May 12, 2014, he received verbal communication that his application for renewal of his entry and work permits had been denied without reasons being given for such drastic action. The petitioner claimed that he had been continuously harassed, threatened and intimidated by persons calling themselves National Intelligence Service (NIS) officers with the sole intention of frustrating his continued stay in Kenya. The respondents’ submissions The respondent claimed that the reason why the petitioner’s application for Kenyan Citizenship had never been considered was because there was a freeze on all applications and his application had never been considered due to the freeze. The respondent also claimed that the petitioner’s entry pass had expired and that the petitioner had been declared a prohibited immigrant on July 22, 2007 and the law prohibited issuance of citizenship to such persons. Key issues for determination The main issues for the court to determine were whether a court of law could take hold the CITIZENSHIP AND NATIONALITY RIGHTS CASE DIGEST