Citizenship and nationality rights case digest / by National Council for Law Reporting (Kenya Law).
Material type:
- A
- Case Law on Citizenship by Birth
- An abandoned infant that was found in Kenya would be presumed to be a Kenya citizen
- In re EC (Baby) [2020] eKLR
- Applying for citizenship was an admission that one was not a citizen
- Kulraj Singh Bhangara v Director General, Kenya Citizens and Foreign Nationals Management Service [2014] eKLR
- Citizenship by birth could not be taken away by refusal to provide documents of identification
- Hersi Hassan Gutale & Another v Attorney General & Another [2013] eKLR
- Pleading guilty to a charge of being in Kenya illegally and being convicted does not revoke a person's citizenship by birth
- Galma Duba Gufu v Attorney General and another
- Due process is to be accorded to every person, whether they are citizens or not
- Miguna Miguna v Fred Okengo Matiang'i, Cabinet Secretary, Ministry of Interior and Coordination of National Government & 7 others
- Comparative International Jurisprudence on Citizenship by Birth
- Section 4 of the Botswana Citizenship Act 1984 Is Unconstitutional
- Attorney General v Dow
- Prolonged detention and a conviction for unlawful entry and stay in a State where the convictee proved that he was a national of that State is a violation of various rights including the right to nationality
- Robert John Penessis v United Republic of Tanzania
- Africa Court finds that an applicant had been deprived of nationality arbitrarily
- Anudo Ochieng Anudo v The United Republic of Tanzania
- Meaning of citizenship by birth under section 2(1)(b) of the amended South African Citizenship Act
- Yamikani Vusi Chisuse & 4 others v Director - General, Department of Home Affairs and another
- Case Law on the Property Rights of Citizens and Foreign Lesotho
- Melato Caleb Mokoena v Makarabo Mokoena & 4 others
- The meaning of the term "real and effective nationality"
- Liechtenstein v Guatemala
- B
- Case Law on Citizenship by Registration
- The provision of confidential security reports about persons who had applied for citizenship by the National Intelligence Service was subject to the right to fair administrative action
- Republic v Cabinet Secretary for the Ministry of Interior and Coordination of National Government & 2 other Ex-parte Patricia Olga Howson
- A person married to a Kenyan Citizen for seven years was on application not guaranteed to be registered as a Kenyan Citizen
- S N v Cabinet Secretary for the Ministry of Interior and Co-ordination of National Management Services, Director General, Kenya Citizens & Foreign Nationals Management Services & Attorney General [2016] eKLR
- A delay of more than 4 years to consider an applicant's application for citizenship violated the applicant's right to fair administrative action under article 47 of the Constitution, 2010
- Samira Tariq Qureshi v Cabinet Secretary for Ministry of Interior and Co-Ordination of National Government and 2 others
- International Case Law on Citizenship by Naturalization
- Security concerns as a reason for disallowing dual citizenship in Namibia
- Poppy Elizabeth Tlhoro v Minister of Home Affairs
- C
- Case Law on Dual Citizenship
- A person nominated/appointed to be a state officer, possessing dual citizenship, ought to renounce their foreign citizenship in order to hold state office
- Mwende Maluki Mwinzi v Cabinet Secretary, Ministry of Foreign Affairs and 2 others
- One could not acquire dual citizenship through the courts
- Jisvin Chandra Narottam Hemraj Premji Pattni v Director of Immigration & another
- Legal procedure applicable to a person who sought to regain Kenyan citizenship and had been a Kenyan citizen by birth but had lost Kenyan citizenship by acquiring foreign citizenship
- E W A & 2 others v Director of Immigration and Registration of persons & another
- D
- Case Law on the Right to Fair Administrative Action
- Authorities had to submit confidential information in court where a decision based on the said confidential information was being challenged in court
- Bashir Mohamed Jana Abdi v Minister for Immigration and Registration of Persons & 2 others [2014] eKLR
- E
- Case Law on Identification Documents
- Requirements for applicants to go to particular places designated by the Principal Registrar for a National ID were against the spirit of the Constitution
- Mohamed Mire v Attorney General & another
- The court could not compel immigration authorities to register a person as a citizen where that person is already legally designated as a refugee
- Abdikadir Salat Gedi v Principal Registrar of Persons and Another
- Courts could not order for aggrieved parties to be registered as citizens without reviewing the decision that deregistered the aggrieved parties
- Muslims for Human Rights (Muhuri) On behalf of 40 others v Minister for Immigration & 5 others
- The court had no authority to declare anyone a citizen of Kenya nor could it compel the Principal Registrar of Persons to issue persons with identity cards
- Muslims for Human Rights (Muhuri) On behalf of 40 others v Minister for Immigration & 5 others
- The court could not intervene and declare that the applicant was entitled to Kenyan citizenship no matter how compelling an applicant's case may be
- Egal Mohamed Osman v Cabinet Secretary, Ministry of Interior and Co-ordination of National Government & 2 others [2015] eKLR
- F
- Digital Identities and the Freedom against discrimination
- Participation in the collection of personal information and data in National Integrated Information Management System (NIIMS) was not compulsory
- Nubian Rights Forum & 2 others v Attorney General & 6 others Consolidated Petitions No. 56, 58 & 59 of 2019
- The Collection of DNA and GPS Co-Ordinates for Purposes of Identification Was Intrusive and Unnecessary, and to The Extent That It Was Not Authorized and Specifically Anchored in Empowering Legislation
- Okiya Omtatah Okoiti & 4 others v Attorney General & 4 others; Council of Governors & 4 others (Interested Parties [2020] eKLR
- The implementation of National Integrated Identity Management System (NIIMS) should not be undertaken without the enactment of an appropriate and comprehensive regulatory framework
- Nubian Rights Forum & 2 others v Attorney General and 6 others; Child Welfare Society & 9 others (Interested Parties) Constitutional Petitions No 56, 58 & 59 of 2019
- The Republic of Kenya's Treatment of the Nubian Community was Discriminatory
- The Nubian Community in Kenya vs The Republic of Kenya
- Children of Nubian descent in Kenya have a right ton acquire nationality in non-discriminatory manner
- Institute for Human Rights and Development Africa (IHRDA) and Open Society Justice Initiative (OSJI) (on behalf of children of Nubian descent in Kenya) v Kenya
- 23 342.083 .NCL
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