Kenya: MUHURI v. Minister for Immigration and others

Published: 17/Oct/2017
Source: Kenya High Court at Mombasa

Constitutional Petition No. 50 of 2011

Muslims for Human Rights (Muhuri) On behalf of 40 others v Minister for Immigration & 5 others [2017] eKLR

“3. The Petitioner alleges that in the year 1990, the 40 individuals on whose behalf this Petition is brought had their identity cards confiscated by the Government of Kenya until further notice by a state appointed task force for registration of Kenyan Somalias under the directorship of the then Hon. Yusuf Haji.

4. The Petitioners claim that they were then issued with letters by the task force to act as identification documents pending investigation. It is alleged that the investigations were completed within 20 days but the identification cards were not returned to the Petitioners.


6. The Petitioners argue that denial of national identity cards is a violation of their human right and due to the said violations they are unable to access benefits that accrue by virtue of being Kenyan citizens including the right to employment, right to acquire property, right to vote, right to education, right to acquire passports among other rights.

7. The Petitioners contend that they have been discriminated upon on grounds of their ethnic and/or social origin contrary to Article 27 of the Constitution and that the actions of the Respondents are unlawful.


“For the foregoing reasons the Petition dated 19th August 2011 succeeds partly, and orders made as follows:

i. That the Respondents have violated the Petitioners’ right under Article 47 of the Constitution.

ii. That the Petitioners shall within thirty (30) days from the date hereof make fresh applications for national identity cards.

iii. That the Respondents shall consider the said fresh applications in accordance with the principles conferred in the Kenyan Laws.”

Download judgment: MUHURI v. Min for Immigration. Constitutional Petition 50 of 2011 Judgment 2017


Themes: Discrimination, Ethnic/Racial/Religious, ID Documents and Passports, Statelessness
Regions: Kenya
Year: 2017