Can the court order for persons to be issued with identification documents?


The Constitution is clear on the Legal framework of division of powers. Whereas the High Court has the power to review decision making process, it does not have the power of the Principal Registrar of persons under the Department of Immigration of giving citizenship or documents such as identity cards and passports.

The court can review the decision making process and check if it adhered to the rights of administrative action under article 47 of the constitution of Kenya. If the High Court finds that such process violated article 47, it can give orders for such process to be restarted and for the process to follow the laid procedures as stipulated by the Law.

The Court also has the powers to issue prerogative orders such as the order for mandamus (order of compelling mandatory performance), to compel the relevant parties to provide applicants with the documents, reports or decisions they need to apply for citizenship or to challenge the decision not to grant them citizenship.