Kenya: Kulraj Singh Bhangra v Director General, Kenya Citizens and Foreign Nationals Management Service
Published: 5/Dec/2014
Source: High Court of Kenya at Nairobi
Petition 137 of 2014
1. In the Petition dated 5th march 2014, the Petitioner, Kulraj Singh Bhangra claimed that he was born on 4th June 1983 and has lived in Kenya all his life although his parents were British Nationals. That he is the holder of a Kenyan Identification Card Number 24722194 issued on 19th May 2009 but that when he applied for a Kenyan Passport twelve years (12) ago, he was informed (verbally) that he was a stateless person. Despite that verbal information, he applied for Kenyan Citizenship on 7th February 2013 but since then, the office of the Respondent has not communicated its decision on that Application but in verbal communication, he was informed that the Application could take upwards of five years to be determined. The reason for such a delay was never given to him and yet he verily believes that he is entitled to Kenyan citizenship. Aggrieved, therefore, he filed the present Petition seeking the following orders;
“(1) A declaration that the Respondent has violated the rights of the Petitioner under Article 47(1) to administrative action that is efficient, lawful reasonable and procedurally fair.
(2) A declaration that the Respondent has violated the rights of the Petitioner under Article 47(2) to be notified in writing of any adverse actions against him.
(3) A declaration that the Respondent has violated the rights of the Petitioner under Article 27 in respect of equality and freedom from discrimination in failing to process his application for Kenyan Citizenship.
(4) A declaration that the Respondent has violated the Petitioner’s right to human dignity under Article 28 of the Constitution.
(5) A declaration that the Respondent has violated the rights of the Petitioner under Article 39 of the Constitution in respect of freedom of movement and residence.
(6) A declaration that the Petitioner is a Kenyan Citizen.
(7) An order of Mandamus directing the Respondent to process the Petitioner’s Application for Kenyan Citizenship and issue him with a Certificate of Citizenship and a Kenyan Passport.
(8) Costs of the Petition.
(9) Such other orders the Honorable Judge deems fit.”
[…]
Conclusion
32. Having held as of above, it follows the final orders to be made are as follows;
(1) A declaration is hereby issued that the Respondent has violated the rights of the Petitioner under Article 47(1) to administrative action that is efficient, lawful reasonable and procedurally fair.
(2) A declaration is hereby issued that the Respondent has violated the rights of the Petitioner under Article 47(2) to be notified in writing of any adverse actions against him.
(3) An order of Mandamus is hereby issued directing the Respondent within 45 days of today’s date to consider the Petitioner’s Application as a citizen of Kenya and thereafter comply with Article 47(2) of the Constitution.
(4) The Petitioner upon the Respondent’s compliance with 3 above is at liberty to take such further legal or other lawful action as he deems fit.
(5) Let each Party bear its own costs as none has wholly succeeded.
Download from Kenyalaw: http://kenyalaw.org/caselaw/cases/view/104241