In a landmark decision poised to reshape citizenship and immigration law in Kenya, the Garissa High Court has declared that children born to a Kenyan citizen and a refugee or asylum seeker are citizens by birth — a judgment hailed as a significant victory for refugee rights and constitutional equality.
Presiding over the case, Justice John Onyiego ruled that such children, under Article 14 of Kenya’s Constitution, are entitled to full citizenship and the associated rights and privileges. The court ordered sweeping reforms to the Citizenship and Immigration Act, mandating the Attorney General, Dorcas Oduor, to enact the changes within one year.
“This judgment affirms that citizenship must not be diluted by discriminatory labels or administrative practices,” said Onyiego, condemning the use of refugee agency stamps on children’s birth documents and the practice of registering them in refugee databases.
Discrimination Declared Unconstitutional Justice Onyiego emphasized that such documentation practices violate Articles 14, 27, 29, 39, and 53 of the Constitution — citing infringement on freedom of movement, access to essential services, and the integrity of families. He ordered the Principal Registrar of Persons to issue proper birth certificates free from refugee markings and remove affected children from refugee databases.
Parliamentary Amendments Ordered The ruling went further, urging Parliament to amend Section 34 of the Citizenship and Immigration Act and its regulations, so that documentation issued to refugees — including marriage certificates — can be used for citizenship acquisition.
Additionally, the court directed reforms recognizing refugee identity cards as lawful residence documents, eliminating the need for work and dependency permits. The Attorney General has 100 days to draft the relevant amendments.
Administrative Reforms at Dadaab Camp Onyiego addressed concerns over citizenship access at Dadaab refugee camp, clarifying that the absence of a dedicated office does not constitute denial of services. However, he said that depending on demand, new offices may be opened to improve delivery.
Extended Residency Not Sufficient Alone Notably, the court also declared that merely residing in Kenya for seven years does not automatically confer citizenship signaling that further legislative review may be needed to address naturalization pathways.
This ruling sets a powerful precedent for refugee families and children across Kenya, reaffirming constitutional protections and directing urgent reform in administrative and legal practices.
