Welcome to the Citizenship
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Immigration Act, 2011 which implements Chapter 3 of the Constitution commenced on 30th August 2011, which effectively repealed the Kenya Citizenship Act Cap. 170, the Immigration Act Cap. 172 and the Aliens Restriction Act, Cap. 173, Laws of Kenya.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
Declaration made by a dual citizen
Section 8(3) of the Kenya Citizenship and Immigration Act, 2011 provides that: every dual citizen shall disclose his/her other citizenship in the prescribed manner within three months of becoming a dual citizen.
Section 8(4) of the Kenya Citizenship and Immigration Act, 2011 provides that: a dual citizen who fails to disclose the dual citizenship in the prescribed manner commits an offence and shall be liable, on conviction, to a fine not exceeding five million shillings or imprisonment for a term not exceeding three years or both.
What are the requirements
Endorsement
Application by a dual citizen for endorsement on non-Kenyan passport(s)
Section 8(1) of the Kenya Citizenship and Immigration Regulation 2012 provides that the passport of any other country that is held by a dual citizen may, upon application by the holder, be endorsed to indicate that the holder is a citizen of Kenya.
What are the requirements
Regaining Kenyan citizenship
Application to regain Kenya citizenship
Section 10(1) of the Kenya Citizenship and Immigration Act, 2011 provides:
- A person who was a citizen of Kenya by birth and who ceased to be a citizen of Kenya because he or she acquired the citizenship of another country may apply in the prescribed manner, to the Cabinet Secretary to regain Kenyan citizenship.
- The application under subsection (1) shall be accompanied by—
- proof of applicant’s previous Kenyan citizenship;
- proof of citizenship of the other country;
What are the requirements
Citizenship by Marriage
Application for registration as a citizen of Kenya by a spouse of a Kenyan citizen
Section 11 of the Kenya Citizenship and Immigration Act, 2011 provides for a person who has been married to a citizen of Kenya for a period of at least seven years shall be entitled, on application, in the prescribed manner to be registered as a citizen of Kenya, if
- the marriage was solemnized under a system of law recognized in Kenya, whether solemnized in Kenya or outside Kenya;
- the applicant has not been declared a prohibited immigrant under this Act or any other law;
- the applicant has not been convicted of an offence and sentenced to imprisonment for a term of three years or longer;
- the marriage was not entered into for the purpose of acquiring a status or privilege in relation to immigration or citizenship; and
- the marriage was subsisting at the time of the application.
What are the requirements
Widows and Widowers
Application for registration as a citizen of Kenya by widows and widowers of a Kenyan citizen
Section 12(1) of the Kenya Citizenship and Immigration Act, 2011 provides for:
- A foreign national who has been married to a citizen who but for the death of the citizen would have been entitled, after a period of seven years, to be registered as a citizen of Kenya under section 11, shall be deemed to be lawfully present in Kenya for the unexpired portion of the seven years and shall be eligible for registration as a citizen on application in the prescribed manner upon expiry of the seven year period.
- The conditions for registration provided in section 11 shall apply to a widow or widower who has applied for registration under this section.
- A widow or widower who marries a non-citizen before the expiry of the period of seven years shall not be entitled to acquire citizenship by registration under this section.
What are the requirements
Lawful Residents
Application for registration as a citizen of Kenya by lawful residents
Section 13(1) of the Kenya Citizenship and Immigration Act, 2011 provides:
- A person who has attained the age of majority and capacity who has been lawfully resident in Kenya for a continuous period of at least seven years may on application be registered as a citizen if that person—
- has been ordinarily resident in Kenya for a period of seven years, immediately preceding the date of application;
- has been a resident under the authority of a valid permit or has been exempted by the Cabinet Secretary, in accordance with section 34(3)(h) and who is not enjoying the privileges and immunities under the Privileges and Immunities Act (Cap. 179);
- has resided in Kenya throughout the period of twelve months immediately preceding the date of the application;
- has an adequate knowledge of Kenya and of the duties and rights of citizens as contained in this act;
- is able to understand and speak Kiswahili or a local dialect;
- understands the nature of the application under subsection (1);
- has not been convicted of an offence and sentenced to imprisonment for a term of three years or longer;
- satisfies the Cabinet Secretary that he or she intends to reside in Kenya after registration;
- has been determined, through an objective criteria, and the justification made, in writing, that he or she has made or is capable of making a substantive contribution to the progress or advancement in any area of national development within Kenya; and
- is not an adjudged bankrupt.
What are the requirements
Children/Adopted Children
Application for registration as a citizen of Kenya for a child
Section 13(3) of the Kenya Citizenship and Immigration Act, 2011 provides:
- A child of a citizen by registration who was born before the parent acquired citizenship may on application by the parent or legal guardian be registered as a Kenya Citizen upon—
- Production of documents conferring Kenyan Citizenship to any of the parents;
- Production of the child’s birth certificate; and
- Proof of lawful residence of the child in Kenya.
Section 14 of the Kenya Citizenship and Immigration Act, 2011 provides:
- A child who is not a citizen, but is adopted by a citizen, is entitled on application in the prescribed manner by the adopting parent or legal guardian to be registered as a citizen upon—
- the production of proof of the Kenyan citizenship of the adopting parent;
- the production of a valid adoption certificate issued in a reciprocating state or other jurisdiction whose orders, decrees are recognized in Kenya; and
proof of lawful residence of the child in Kenya.
What are the requirements
Persons with Disability
Application for registration as a citizen of Kenya for a person with disability
Section 13(4) of the Kenya Citizenship and Immigration Act, 2011 provides:
- A child or person with disability who is a dependant of any biological parent or legal guardian who is a citizen of Kenya by registration shall upon an application made on their behalf in a prescribed manner be registered as a citizen, upon—
- production of documents conferring Kenyan citizenship to any of the parents or the legal guardian;
- production of the child’s or the person with disability’s birth certificate; and
- proof of lawful residence of the child or person with disability in Kenya.
What are the requirements
Stateless Persons
Application for registration as a citizen of Kenya by a stateless person
Section 15 of the Kenya Citizenship and Immigration Act, 2011 provides:
- A person who does not have an enforceable claim to the citizenship of any recognized state and has been living in Kenya for a continuous period since 12th December, 1963, shall be deemed to have been lawfully resident and may, on application, in the prescribed manner be eligible to be registered as a citizen of Kenya if that person—
- has adequate knowledge of Kiswahili or a local dialect;
- has not been convicted of an offence and sentenced to imprisonment for a term of three years or longer;
- intends upon registration as a citizen to continue to permanently reside in Kenya or to maintain a close and continuing association with Kenya; and
- the person understands the rights and duties of a citizen.
Migrants
Application for registration as a citizen of Kenya by migrants
Section 16 of the Kenya Citizenship and Immigration Act, 2011 provides:
- A person who voluntarily migrated into Kenya before the 12th December, 1963, and has been continuously living in Kenya shall be deemed to have been lawfully resident and may, on application in a prescribed manner, be eligible to be registered as a citizen of Kenya if that person—
- does not hold a passport or an identification document of any other country;
- has adequate knowledge of Kiswahili or a local dialect;
- has not been convicted of an offence and sentenced to imprisonment for a term of three years or longer;
- intends upon registration as a citizen to continue to permanently reside in Kenya or to maintain a close and continuing association with Kenya and
- the person understands the rights and duties of a citizen.
What are the requirements
Descendants of Stateless Persons and Migrants
Application for registration as a citizen of Kenya by descendants of stateless persons and migrants
Section 17 of the Kenya Citizenship and Immigration Act, 2011 provides:
- A person who has attained the age of eighteen years and whose parents are or in the case of deceased parents were eligible to be registered as a citizen under sections 15 and 16 may, upon application in the prescribed manner be registered as a citizen of Kenya if—
- there is sufficient proof that the parents of that person fall within the class of persons referred to in section 15 and 16 of this Act;
- the person was born in Kenya and has been continuously living in Kenya since birth;
- the person does not hold and has never held a passport or identification documents of any other country;
- the person understands and speaks Kiswahili or a local dialect;
- has not been convicted of an offence and sentenced to imprisonment for a term of three years or longer;
- the person intends upon registration as a citizen to continue to permanently reside in Kenya or to maintain a close and continuing association with Kenya; and
- the person understands the rights and duties of a citizen.
What are the requirements
Declaration of Voluntary Renunciation of Kenyan Citizenship
Section 19 (1) of the Kenya Citizenship and Immigration Act, 2011 provides:
- Where a Kenyan citizen by birth voluntarily makes a declaration of renunciation of Kenyan citizenship, in the prescribed manner, the Cabinet Secretary shall cause the declaration to be registered.
What are the requirements
