SN v Cabinet Secretary for the Ministry of Interior and Co-ordination of National Management Services & 2 others (Miscellaneous Civil Application 406 of 2015) [2016] KEHC 8142 (KLR) (Constitutional and Judicial Review) (10 October 2016) (Judgment)

Facts

The applicant, S N, is a Pakistani national born in Pakistan, Rawalphindi on 12th April, 1961, and married to a Kenyan citizen, N S A A, on 15th November, 1985. She submitted an application to the Director General, Kenya Citizens and Foreign Nationals Management Services for registration as a citizen of Kenya by a spouse of a Kenyan citizen.

Issues

1. Whether the applicant S N is a Kenyan citizen.
2. Whether the respondents are legally bound to issue the applicant the certificate of Kenya Citizenship and all relevant and necessary documents for registration of the applicant as a Kenyan Citizen.
3. Whether the applicant is entitled to the protection of her rights enshrined in Article 47 of the Constitution of Kenya as a foreigner.

Reasoning

The Court of Appeal decision in Kenya National Examinations Council vs. Republic Ex parte Geoffrey Gathenji Njoroge established the scope of the judicial review remedy of Mandamus. Article 47 of the Constitution provides that every person has the right to administrative action that is expeditious, efficient, lawful, reasonable, and procedurally fair. The applicant is not a citizen of Kenya, but she is entitled to the protection of her rights as a foreigner.

Outcome

The application for Mandamus and Declaration is dismissed.

Authorities cited