Understanding Citizenship in Kenya: Opportunities and Challenges

Exploring the acquisition of Kenyan citizenship through birth and registration, including eligibility criteria, processes, and implications. The article delves into citizenship by birth, registration, marriage, and special cases like children of Kenyan citizens by registration, shedding light on the complexity and significance of citizenship in Kenya.

• Kenya Citizenship
• Statelessness
• Challenges
• Opportunities
• Registration

kol_van Follow

Uploaded on Sep 13, 2024 | 0 Views

Download Presentation

Please find below an Image/Link to download the presentation.

The content on the website is provided AS IS for your information and personal use only. It may not be sold, licensed, or shared on other websites without obtaining consent from the author. Download presentation by click this link. If you encounter any issues during the download, it is possible that the publisher has removed the file from their server.

Presentation Transcript

1. CITIZENSHIP IN KENYA :OPPORTUNITIES AND CHALLENGES FOR TACKLING STATELESSNESS Diana Gichengo Kenya Human Rights Commission

2. MAKONDE CLIP http://bit.ly/2tuWgtK

3. ACQUISITION OF KENYA CITIZENSHIP Kenya Citizenship is conferred by the Constitution and is acquired by: Birth; and Registration

4. CITIZENSHIP BY BIRTH Section 6 of the Kenya Citizenship and Immigration Act, 2011 provides that a Citizen by birth will carry the same meaning provided in Article 14 as read together with Clause 30 of the Sixth Schedule of the Constitution. 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. Section 30 of part 6 of the constitution provides how December, 1963 became citizens constitution provided for citizenship by birth on the territory but was subsequently amended to citizenship by birth is by descent a person born birth. before The 12th 1963 by

5. CITIZENSHIP BY REGISTRATION There are two categories of citizenship by registration Those who are entitled and ,(former citizens , descendants of citizens and spouses ) Those who are eligible. ( migrants , stateless persons and residents )

6. APPLICANTS WHO ARE ENTITLED TO BE REGISTERED AS CITIZENS OF KENYA Regaining Section 10 (1) provides that a citizen by birth and who ceased to be a citizen of Kenya because he citizenship of another country may apply in prescribed manner to the cabinet secretary to regain Kenya Citizenship. or she acquired the

7. CITIZENSHIP BY MARRIAGE Section 11 of the Kenya Citizenship and Immigration Act, 2011provides that a person, who has been married to a Kenya citizen for a period of not less than seven years, as long as the marriage was solemnized under a system of law recognized in Kenya,is entitled to Kenya citizenship

8. CHILD OF A KENYAN CITIZEN BY REGISTRATION Section 13(3) of the Act caters for children who were born before the parent acquired Kenyan citizenship. Section 13 (4) provides that a child or a 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 of Kenya. This is has helped children of british overseas citizens

9. ADOPTED CHILDREN Section 14 of the Act provides that a child who is not a citizen, but is adopted by a citizen, is entitled to apply for registration as a citizen provided that the adopting parent can prove their Kenyan citizenship.

10. APPLICANTS WHO ARE ELIGIBLE FOR REGISTRATION AS CITIZENS OF KENYA Widows/widowers Section 12(1)of the Act provides that a foreign national who has been married to a citizen of Kenya 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.

11. LAWFUL RESIDENTS Section 13(1) of Kenya Citizenship and Immigration Act, 2011 provides that the applicant must have been a lawful resident in Kenya for a continuous period of at least seven years.

12. STATELESS PERSONS Section 15(1)of the Act provides that any person who does not have an enforceable claim to citizenship of any recognized state and has been lawfully living in Kenya for a continuous period since 12thDecember, 1963 is eligible for registration as a citizen of Kenya

13. MIGRANTS Section 16 of the Act provides that a person who voluntarily migrated into Kenya before the 12th December, 1963 and has 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 a citizen of Kenya.

14. DESCENDANTS OF STATELESS PERSONS AND MIGRANTS Section 17of the Act provides that a person who has attained the age of eighteen and whose parents are or in the case of the deceased parents were eligible to be registered as a citizen of Kenya. There must be sufficient proof that the parents of that person fall within the class of persons referred to the above and provided that they satisfy conditions listed above

15. PROCESS OF ACQUIRING ID Proof of citizenship : By birth parent(s) ID is required By registration certificate of registration is required Age supporting document (Birth Certificate/Clinic Card/ Birth notification/School Leaving Certificate/ Baptismal) Letter from area chief

16. REGISTRATION IN VARIOUS SUB-COUNTIES Rural Border Settlement Urban/Cosmopolitan