Judge Raises Alarm After Bosnian Citizen Found With Kenyan Identity Card

A legal dispute involving a Bosnian aid worker has exposed potential loopholes in Kenya’s immigration and registration systems after a court established that a foreign national had been issued with a Kenyan national identity card despite not being a citizen. The case has sparked fresh concerns about the integrity of the country’s identification and citizenship verification processes.

The case revolves around Bosnian national Zlatko Gegic, who challenged his arrest, detention and deportation from Kenya in February 2023. Gegic, who was working as the East Africa Regional Field Director for the Centre for Civilians in Conflict (CIVIC), argued that authorities unlawfully deported him without giving him an opportunity to defend himself. Court documents show that he was legally residing in Kenya under a multiple-entry visa at the time of his arrest.

During the proceedings, Gegic denied having applied for a Kenyan identity card but later admitted under cross-examination that he had been issued one in June 2021. He claimed that while seeking a residence permit, he was instead provided with a Kenyan ID card. The revelation prompted the court to question how a non-citizen could obtain such a critical national document.

In her ruling, High Court Judge Roselyne Aburili found that the government’s decision to declare Gegic a prohibited immigrant and deport him was procedurally flawed because he was not accorded a hearing before the action was taken. However, the court declined to order his return to Kenya, noting that he had been in possession of a Kenyan ID card despite lacking citizenship.

The judge expressed concern over what she described as apparent weaknesses in the national registration system, warning that the issuance of identity cards to foreigners undermines the credibility of Kenya’s citizenship documentation framework. She noted that national identity cards form the basis for accessing public services, employment opportunities, banking services and voting rights, making any irregular issuance a matter of national concern.

The judgment has renewed debate about the security of Kenya’s registration systems and the role of officials tasked with issuing citizenship documents. Justice Aburili directed that relevant government agencies be served with the judgment and urged authorities to address weaknesses that could allow non-citizens to obtain Kenyan identification documents unlawfully.

The case also comes amid wider public concern over the integrity of Kenya’s identification system, with questions being raised about whether existing verification mechanisms are sufficient to prevent foreigners from acquiring Kenyan documents. Government officials have maintained that national identity cards are reserved exclusively for legitimate Kenyan citizens and that any cases of foreigners obtaining the documents point to gaps that require urgent investigation and corrective action.