[2013] KEHC 6489 (KLR)
The court held that the Department of Immigration is under a constitutional obligation to consider and determine the 1st petitioner’s application for citizenship in accordance with Article 47(1) and (2) of the Constitution. The court emphasized that administrative actions must be expeditious, efficient, lawful,...
Source-derived case information.
- Citation
- [2013] KEHC 6489 (KLR)
- Parties
- Applicant: Jean-Pierre Kabare; Applicant: Phoebe Wangechi Wahome; Respondent: Attorney General; Respondent: Director of Immigration
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Petition 388 of 2013
- Procedural Posture
- Constitutional Petition / Ruling
- Outcome
- Application allowed to the extent of directing the Director of Immigration to process the 1st petitioner's application in accordance with Article 47 of the Constitution.
- Judges
- DAS Majanja
- Legal Topics
- Citizenship by Marriage, Administrative Action, Fair Administrative Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jean-Pierre Kabare
Applicant
Phoebe Wangechi Wahome
Applicant
Attorney General
Respondent
Director of Immigration
Respondent
Procedural Posture
Constitutional Petition / Ruling
Legal Issues
- 1 Whether the 1st petitioner is entitled to be registered as a Kenyan citizen by virtue of marriage to a Kenyan citizen and having Kenyan children.
- 2 Whether the Director of Immigration is obligated to consider and determine the 1st petitioner’s application for citizenship in accordance with Article 47 of the Constitution.
Ratio Decidendi
The court held that the Department of Immigration is under a constitutional obligation to consider and determine the 1st petitioner’s application for citizenship in accordance with Article 47(1) and (2) of the Constitution. The court emphasized that administrative actions must be expeditious, efficient, lawful, reasonable, and procedurally fair, and that written reasons must be provided where the action may adversely affect the applicant. The court did not make a declaration of citizenship but directed the Director of Immigration to process the application in compliance with constitutional standards.
Court Disposition
Application allowed to the extent of directing the Director of Immigration to process the 1st petitioner's application in accordance with Article 47 of the Constitution.
Orders
- The Director of Immigration or such office that deals with applications for Citizenship shall deal with the 1st petitioner’s application in terms of Article 47(1) and (2) of the Constitution.
- The petitioners shall be at liberty to apply for further orders.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
CONSTITUTIONAL AND HUMAN RIGHTS DIVISION
PETITION NO. 388 OF 2013
BETWEEN
JEAN-PIERRE KABARE .......................................... 1ST PETITIONER
PHOEBE WANGECHI WAHOME ......................... 2ND PETITIONER
AND
ATTORNEY GENERAL ..........................................1ST RESPONDENT
DIRECTOR OF IMMIGRATION ......................... 2ND RESPONDENT
RULING
The 1st petitioner in the amended petition dated 31st July 2013 seeks an order that the court do declare him to be qualified to be registered as a Citizen of Kenya and that he is entitled to be registered as such on the grounds that he is married to a Kenyan citizen, the 2nd petitioner, and has Kenyan children. He states that he has applied for citizenship but the Director of Immigration has not dealt with the application.
It is the responsibility and the obligation of the Department of Immigration to consider such application in accordance with provisions of Article 47(1) which entitles every person to expeditious, efficient, lawful, reasonable and procedurally fair administrative action. Article 47(2) requires that a written reason be given if administrative action is likely to affect the person adversely.
In order to expeditiously deal with this matter, I direct as follows;
The Director of Immigration or such office that deals with applications for Citizenship, shall deal with the 1st petitioner’s application in terms of Article 47(1) and (2) of the Constitution.
The petitioners shall be at liberty to apply for further orders.
DELIVERED and DATED at NAIROBI this 8th August 2013
D.S. MAJANJA
JUDGE