[2018] KEHC 3087 (KLR)
The court held that the applicant, having been found abandoned in Nairobi, Kenya, is presumed to be a Kenyan citizen by birth pursuant to Article 14(4) of the Constitution. As such, she is entitled to all rights of a citizen, including the right to be issued with a Kenyan passport. The court found merit in the...
Source-derived case information.
- Citation
- [2018] KEHC 3087 (KLR)
- Parties
- Applicant: R G H; Applicant: H C H; Applicant: S N H
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 252 of 2002
- Procedural Posture
- Adoption Cause / Ruling
- Outcome
- application allowed
- Judges
- TW Cherere
- Legal Topics
- Adoption of Children, Citizenship by Birth, Passport Issuance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
R G H
Applicant
H C H
Applicant
S N H
Applicant
Procedural Posture
Adoption Cause / Ruling
Legal Issues
- 1 Whether the applicant, adopted as a child, is entitled to Kenyan citizenship by birth under Article 14(4) of the Constitution.
- 2 Whether the applicant is entitled to be issued with a Kenyan passport as a citizen by birth.
Ratio Decidendi
The court held that the applicant, having been found abandoned in Nairobi, Kenya, is presumed to be a Kenyan citizen by birth pursuant to Article 14(4) of the Constitution. As such, she is entitled to all rights of a citizen, including the right to be issued with a Kenyan passport. The court found merit in the application and granted the orders sought, declaring the applicant a Kenyan citizen by birth and directing the Director of Immigration to issue her a Kenyan passport.
Court Disposition
application allowed
Orders
- A declaration is issued that the applicant is a Kenyan citizen by birth as provided under Article 14(4) of the Constitution and is entitled to rights of a citizen as provided under Article 12(1) of the Constitution.
- The Director of Immigration is directed to issue the applicant with a Kenyan passport.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KISUMU
ADOPTION CAUSE NO. 252OF 2002
R G H.......................................................1ST APPLICANT
H C H......................................................2ND APPLICANT
AND
APPLICATION BY S N H..............APPLICANT/CHILD
RULING
1. The applicant, who is now an adult was adopted by the R G Hand H C H who are British citizenship, by an order of court made on 26th November, 2002.
2. By a chamber summons dated 24th August, 2018, the child prays for an order to authorize the Director of Immigration to issue her with a Kenyan Passport.
3. The applicant was found abandoned in Nairobi, Kenya and is by operation of Article 14 (4) of the Constitution presumed to be a Kenyan citizen by birth.
4. Consequently, I find and hold that this application has merit and it is allowed in the following terms:-
a. A declaration be and is hereby issued that the child is a Kenya citizen by birth as provided under Article 14 (4) of the Constitution and is entitled to rights of a citizen as provided under Article 12 (1) of the Constitution.
b. The Director of Immigration is hereby directed to issue the applicant/ child with a Kenyan Passport.
c. No order as to costs
DATED AND SIGNED AT KISUMU THIS 4th Day of October 2018
T.W. CHERERE
JUDGE
Read in open court in the presence of-
Court Assistant - Felix
Applicants -Mr Rogo