Kenya: 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
Source: High Court of Kenya at Nairobi
16. From the documents exhibited by the applicant it is clear that the application for citizenship was made on 13th March 2013. The present application was filed on the 13th September 2013, six months later. Prima facie a delay of six months in processing an application for citizenship, in my view amounts to inordinate delay yet that delay deprives the applicant from the enjoyment of certain rights conferred upon citizens.
23. It is therefore clear that he Respondents were bound to furnish the applicant with the reasons for making a decision either way and their failure to do so can only be interpreted to mean that they had no reasons for not registering the applicant as a citizen.
24. Since no reason has been advanced by the Respondents why the applicant’s application cannot be allowed it is my view that the Notice of Motion dated 9th February, 2016 is merited.
25. The applicant seeks an order declaring her to be a Kenyan Citizen. In is however clear that the applicant can only become a Kenyan Citizen on registration. Whereas this Court is empowered pursuant to section 11(1)(a) of the Fair Administrative Action Act, 2015 to make declaratory orders, in light of the order issued hereinbelow and as the same is yet to be implemented to grant the declaration in the manner sought would be both unnecessary and premature. I however declare that the applicant is entitled to be registered as a citizen of Kenya.
26. Accordingly, an order of mandamus is hereby issued directed jointly and severally to the Cabinet Secretary, Ministry of Interior and Co—ordination of National Government and the Director General, Kenya Citizens and Foreign Nationals Management Services commanding them to issue to the applicant the certificate of Kenya Citizenship and all relevant and necessary documents for registration of the applicant as a Kenyan Citizen forthwith in respect of the applicant’s application (Immigration File Number [particulars withheld]).
Download from Kenyalaw: http://kenyalaw.org/caselaw/cases/view/126900/