Law reporting council launches citizenship disputes book

The National Council for Law Reporting has launched a compilation of court judgments on citizenship disputes in and outside Kenya to offer policymakers and legislators diverse views and interpretations of the right to nationality and citizenship.

The multi-volume book, Citizenship & Nationality Rights Case Digest, was compiled by the semi-autonomous state corporation popularly known as Kenya Law jointly with a non-government organisation called Namati.

The chairperson of Kenya Law, Chief Justice Martha Koome, said the book contains brief summaries of cases on citizenship issues and will benefit not only the legal fraternity and scholars but also citizens.

"It would have been a disservice to the nation if these case laws were to remain in files and shelves gathering dust never to be read and traced,” CJ Koome said in a speech read on her behalf Prof Winifred Kamau.

“It would also be a disservice to the Constitution-making and legislative processes if the case laws on citizenship and nationality remain scattered and nearly untraceable in the database."

The book highlights cases that set proper processes for acquiring and renouncing citizenship and the need to safeguard fair administrative action in all respects.

Kenya Law's chief executive officer and editor, Prof Jack Mwimali, said the book is the first of its kind in Kenya and reflects the impact of the Constitution on nationality and citizenship. He described it as a simple and incisive compilation.

"This case digest is an informative tool that not only contains knowledge but also offers a glimpse into different perspectives of local, regional and international courts on citizenship. It is a reflection of Kenya's transformational and social environment," Prof Mwimali said.

Speaking during the launch of the book in Nairobi, Prof Mwimali said it also contains cases where the judicial system has come out condemning arbitrary actions by government actors in relation to citizenship and nationality.

"The digest is an affirmation of history in progress to the future, a future of knowledge with the ability to claim one's right to citizenship. It is a great milestone. We trust it will find meaning in policy formulation and legislation processes," he said.

The case digest covers legal disputes related to citizenship by birth and registration, dual citizenship, identification documents, stateless and cross-border persons and fair administrative action.