Judge raises alarm over issuance of Kenyan ID cards to foreigners

Court Gavel. [File, Standard]

The High Court has raised concerns over what it said was the issuance of Kenyan national identity cards to foreigners.

It warned that weaknesses in the country’s registration system threaten the integrity of citizenship documentation.

In a judgment involving Bosnian national Zlatko Gegic, Justice Roselyne Ekirapa Aburili criticised what she described as the apparent ease with which some foreigners obtain Kenyan identity cards, despite lacking legal entitlement to citizenship.

Gegic filed the case against the National Police Service, the Inspector General of Police, the Ministry of Interior, the Director General of Immigration and Citizen Services, and the Attorney General.

Gegic, a citizen of Bosnia and Herzegovina, challenged his arrest and deportation from Kenya in February 2023, arguing that he was unlawfully removed from the country without being accorded a hearing.

According to court records, Gegic was lawfully residing in Kenya under a multiple-entry visa issued on November 14, 2022, valid until November 13, 2023.

He was employed as the Regional Field Director for East Africa at the Centre for Civilians in Conflict (CIVIC).

He told the court that on February 23, 2023, people identifying themselves as police officers arrested him, detained him at Muthaiga Police Station, and later escorted him to Jomo Kenyatta International Airport (JKIA), where he was compelled to pay for his return journey to Bosnia and Herzegovina.

He sought orders barring State agencies from preventing his return to Kenya without following due process. He argued that even if authorities believed he had unlawfully acquired Kenyan citizenship documents, he was entitled to procedural fairness before any action was taken.

During the proceedings, Gegic denied applying for a Kenyan national identity card but later admitted, under cross-examination, that he had been issued one in June 2021. He claimed that while applying for a residence permit, he was instead issued with a national identity card.

Justice Aburili found that the decision to declare Gegic a prohibited immigrant and deport him was procedurally flawed, adding that he was never allowed to be heard.

“It is for that reason that I would, without hesitation, find that the decision made against the petitioner was made with procedural impropriety,” the judge ruled.

The court emphasised that constitutional protections apply to all persons, including non-citizens. It cited both the Constitution and international law to affirm the right of foreigners lawfully present in a country to challenge decisions affecting their status.

However, the court declined to order Gegic’s return to Kenya or award him damages. The court further found that he had obtained a Kenyan identity card despite not being a citizen.

“To grant the reliefs sought would place this court in the untenable position of compelling the State to regularise and perpetuate his unlawful immigration and citizenship status,” the judge said.

In her judgment, Justice Aburili expressed concern over the conduct of officials responsible for issuing identity documents.

“That should not have happened,” she said, noting that a national identity card is a critical document that forms the basis of legal identity, access to public services, employment, banking, and voting rights.

She warned that issuing identity cards without proper verification undermines the credibility of Kenya’s registration system and poses serious risks to national governance, including electoral integrity.

The court directed that relevant government agencies be served with the judgment and urged authorities to address weaknesses in the national registration and identification system.