The Constitution of Kenya 2010 which was promulgated on the 27th August, 2010 gives prominence to the Sovereignty of the people (chapter 1), the Republic and the Territory of Kenya (Chapter 2) and issues of Citizenship (Chapter 3). The Kenya Citizenship and Immigration Act, 2011 which implements Chapter 3 of the Constitution commenced on 30th August 2011, which effectively repealed the Kenya Citizenship Act Cap. 170, the Immigration Act Cap. 172 and the Aliens Restriction Act, Cap. 173, Laws of Kenya.
Citizenship section derives its mandate from the following legal instruments: –
- The Constitution of Kenya 2010
- The Kenya Citizenship and Immigration act 2011
- The Kenya citizens and Foreign nationals Management Service act 2011
- The Kenya Citizenship and immigration Regulations,2012 and
- Government Circulars
Kenya Citizenship is conferred by the constitution and is acquired by:
- Birth
A person is a citizen by birth if at the date of his or her birth; one of the parents is or was a citizen of Kenya. This is regardless of where the person is or was born - RegistrationThere are two categories of Citizenship by registration; –
- Those who are entitled e.g. Regaining, Citizenship by marriage, Child of a Kenyan citizen by registration, and Child adopted by a Kenyan citizen.
- Those who are eligible e.g. Widows/Widowers, Lawful Resident, Stateless Persons, Migrants, Descendants of stateless Persons and Migrants