KENYA CITIZENSHIP- LEGAL INTERPRETATION OF ARTICLE 14(1), (2) and (5) OF THE CONSTITUTION
Following inquiries regarding the Kenyans in Diaspora who are seeking to acquire or replace their passports as we head into the next general elections, the Ministry of Immigration and Registration of persons, in consultation with the Attorney General’s office has advised as follows:
- A person born of a Kenyan parent irrespective of the place of birth automatically becomes a citizen of Kenya by birth.
- The constitution confers automatic recognition to persons holding citizenship of other countries as citizens of Kenya by birth so long as they are able to prove parentage as aforestated (National Identification cards, passports).
- Kenya citizens by birth who wish to hold citizenship of other countries which do not allow dual citizenship may voluntarily renounce and would be entitled upon application to regain their Kenyan citizenship.
- Kenya citizens by birth who ceased to be citizens of Kenya by voluntarily acquiring the citizenship of Kenya in accordance with the repealed constitution may regain citizenship UPON APPLICATION in the prescribed manner.
- The persons who enjoyed dual citizenship but by virtue of the repealed Constitution renounced or lost their Kenyan citizenship upon attainment of the age of twenty three (23) years should automatically be deemed citizens by birth.
The necessary application forms will be made available in due course.
It should also be noted that Kenya citizens who hold dual citizenship will be exempted from visa requirements irrespective of the passport held (Kenyan or otherwise)