Article 12 of the Constitution of Kenya describes every citizen as person entitled to the rights, privileges, and benefits of citizenship, subject to the limits provided by the Constitution.

Rights and Duties of a Kenyan Citizen

Every citizen has the right to a Kenyan passport and any identification document issued by the State. Beyond this, citizens enjoy the right to enter, remain in, and reside anywhere in Kenya, as well as the right to vote and own property in any part of the country.

Core Duties

  • Owe full allegiance to the State and the Constitution.
  • Obey the laws of Kenya and pay taxes.
  • Protect and conserve the environment.
  • Respect and promote national integration and unity.

Modes of Acquiring Citizenship

According to Article 13(2), citizenship can be acquired through Birth or Registration.

Citizenship by Birth

A person is a citizen by birth if, at the time of their birth (regardless of location), either their mother or father was a Kenyan citizen. Additionally, a child found in Kenya appearing to be less than eight years old, whose parents are unknown, is presumed to be a citizen by birth.

Citizenship by Registration

Foreign nationals may apply for citizenship through registration under several categories:

  1. Marriage: A person married to a Kenyan citizen for at least seven (7) years and who has acquired resident status.
  2. Widows/Widowers: A foreign national married to a Kenyan citizen who would have been entitled to registration but for the death of that spouse.
  3. Lawful Residence: A person who has been lawfully and continuously resident in Kenya for at least seven (7) years, understands Kiswahili (or a local language), and has made a substantive contribution to national development.
  4. Adopted Children: A non-citizen child adopted by a Kenyan citizen.

Revocation of Citizenship

Citizenship by birth may be revoked if it was acquired by fraud or if parentage becomes known revealing the person was a citizen of another country. Citizenship by registration can be revoked for fraud, treason, or if the person is convicted of a serious offence (3+ years imprisonment) within five years of registration.

For expert legal guidance on citizenship and immigration matters, contact Ombogo and Company Advocates.