Discretionary citizenship: an assessment of the exercise of the vetting process in Kenya

Abstract

The Constitution of Kenya provides for citizenship documentation such as the National Identity Card as an entitlement for a citizen. The documentation is acquired upon registration for persons who acquire citizenship by birth under the framework of the Registration of Persons Act. Under section 8(1) A, the Act provides for the power to institute identification committees to authenticate information provided by the applicant. This dissertation seeks to study whether the power conferred by the section is wide which makes it susceptible to abuse requiring its limitation. This is by examining the section to show whether the powers conferred are wide and analysing the implications of the use of the wide powers and its effect on border communities. The dissertation argues that abuse of the discretion is exercised by administrative officers which raises the need for reform of the vetting process. The reforms proposed are legislative amendments of the section to include procedural safeguards and circumstances for use. This prevents effects experienced by border communities such as statelessness, indefinite delays and corrupt citizenship. The amendments by the legislature are preferred in the study as previous reliance on administrative rule making by the Minister has had no effect in remedying the problems faced by border communities. Through the analysis of primary and secondary materials, the study came to the conclusion that wide discretionary powers are granted by the Section that affects border communities through its abuse. This therefore necessitates reform in line with administrative justice.