(5) Mrs Dorcas Rombo Jacop also testified, on oath, that she was the
Applicant's mother.
(6) Other residents of the village, including old people and community leaders,
affirmed in writing that the Applicant is Tanzanian, born in Tanzania. Among
the residents was one Patrisia O. Sondo who asserted having been present
and assisted the Applicant's mother at the time of his birth, and clearly
describing the place of birth.
83. The Court notes that the Respondent State's argument reposes on the
statement of the Applicant's uncle who asserted that the Applicant's mother
is a citizen of Kenya, and on the contradiction observed between
the
information provided by the Applicant and the statements of his supposed
relations.
84.The Court notes, also, that the Applicant's citizenship was being challenged
33 years after his birth; that he has used the same citizenship for all those
years leading an ordinary life, pursuing his studies in the schools of the
Respondent State and in other countries; and that he has always lived and
worked, like every other citizen, in the Respondent State's territory where
he had been exercising a known profession.
85.The Court further notes that the Respondent State does not contest the
Applicant's parents' Tanzanian nationality just as it did not prosecute the
Applicant for forgery and making use of forged documents with the intent to
defraud.
86.The Court also holds that in view of the contradictions in the witnesses'
statements about the Applicant's paternity, the proof would have been a
DNA test. A scientific DNA test was what was required and was requested
by Achok Anudo, who, until then, claimed to be the Applicant's father.
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