Cassadee Orinthia YAN
International Comparative Jurisprudence. 2024, 10(1):94-111.
3. Kenyan citizenship laws and statelessness
A comprehensive understanding of Kenyan perceptions of citizenship laws and statelessness requires the
consideration of historical, legal, and social factors. The legal framework for citizenship in Kenya was established
by the Citizenship Act (2010) and amended by the Citizenship and Immigration Act (2011). Furthermore, academic
works by Muimi (2021), Ng’weno and Aloo (2019), and Birkvad (2019) shed light on the intricate matrix of issues
surrounding citizenship.
The complex history of Kenya’s citizenship rules requires careful examination. Article 14 of the current
Constitution of Kenya, ratified in 2010, guarantees citizenship at birth for individuals born in Kenya or to a Kenyan
parent outside the country, provided that they do not acquire citizenship of another nation. However, this provision
has repeatedly been challenged, and the Kenya Citizenship and Immigration Act was passed in 2011 to address
these concerns. This Act provides detailed guidelines on citizenship and immigration matters in Kenya. Article 6
of the Act defines citizenship by birth, stipulating that at least one parent must be a Kenyan citizen at the time of
the child’s birth.
Nonetheless, the law acknowledges that a child born in Kenya may still be stateless and offers provisions for their
registration as a Kenyan citizen in specific circumstances. According to Section 7 of the Act, ‘a person born in
Kenya after the effective date shall be a citizen by birth if, at the time of delivery, that person has at least one parent
or grandparent who is or was a citizen of Kenya by birth’ (see also, Constitution of Kenya, 2010, Article 14). These
legal provisions demonstrate Kenya’s efforts to address citizenship issues while recognizing the potential
vulnerability of individuals at risk of statelessness.
The statute provides detailed guidelines for the registration and naturalization processes by which one may acquire
Kenyan citizenship. As outlined in Section 8, the applicant must have been a permanent resident of Kenya for at
least 7 years and have a valid work permit or exemption from requiring one. Similarly, Section 9 stipulates that an
applicant must have been a resident of Kenya for at least 7 years, possess a valid work visa or exemption, and
exhibit good character: ‘A person who has been lawfully resident in Kenya for a continuous period of at least seven
years and who satisfies the prescribed requirements may apply to be naturalized as a citizen of Kenya’ (Citizenship
and Immigration Act, 2011, Article 13). Despite these efforts, many individuals in Kenya remain without
citizenship. Research conducted by the Kenya National Commission on Human Rights (KNCHR) reveals that
approximately 18,500 people lack a nationality, with a further 6,000 individuals at critical risk of statelessness
(Albarazi, 2014; KNCHR & UNHCR, 2010). This study brings to light various factors contributing to statelessness,
including a lack of paperwork, inter-ethnic marriages, and a dearth of constitutional safeguards protecting
citizenship rights.
The hardships faced by stateless individuals in Kenya extend beyond the absence of citizenship, as they are
systematically denied access to vital services such as employment, healthcare, and education. Stripped of legal
protections, stateless individuals are at risk of being detained and deported. The KNCHR study puts forth a range
of actionable recommendations to address this pressing issue. These include the establishment of a formal process
for determining statelessness, the provision of documentation to those affected, and the introduction of explicit
provisions for citizenship within the constitutional framework.
Kenya has made commendable progress in addressing statelessness. In 2016, the government launched a campaign
to identify stateless people and provide them with identification cards, thereby giving them access to essential
services and protecting them from incarceration and deportation. Remarkably, the campaign successfully registered
more than 12,000 stateless people. However, challenges persist, and further steps are required to solve Kenya’s
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