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Muslims for Human Rights (Muhuri) On behalf of 40 others v Minister for Immigration & 5 others [2017] KEHC 2926 (KLR)

[2017] KEHC 2926 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
2926
Citation
[2017] KEHC 2926 (KLR)
Decided
17 October 2017
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeConstitutional PetitionPostureAppeal from a previous rulingCoramJustice Muriithi
Holding

The court found the action by the Respondents to be lawful and did not mandate the Respondents to recognize the Petitioners as citizens or issue them with national identity cards.

Facts

The Petitioners claim their national identity cards were revoked by the Task Force due to false representation, while the Respondents argue the Petitioners had their ID cards revoked for other reasons. Some Petitioners were later issued with waiting cards.

Issues

  1. Whether the action by the Respondents denying the Petitioners national identity cards is unlawful.
  2. Whether the 1st and 2nd Respondents should be mandated to recognize the Petitioners as citizens and subsequently issue them with national identity cards.

Reasoning

The court upheld the validity of the Gazette Notice No. 5320, ruling it neither illegal nor unconstitutional. It also dismissed the Petitioners' claims regarding the revocation of their ID cards.

Outcome

Affirmed

Authorities cited

Legislation (2)
  • Article 14 and 15 of the Constitution of Kenya
  • Article 17 of the Constitution of Kenya
Cases cited (1)
  • Nairobi HC Misc. Application No. 774 of 2004 Hersi Hassan Gulate and Abdullahi Ahmed versus Principal Registrar of Persons & Attorney General
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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