Caroline Nalule and the birth occurred in a territory occupied by the enemy). If the father’s diplomatic status disqualified the person, the child still acquired citizenship based on birth in Kenya if the mother was a citizen19. b) A person was born outside Kenya after 11 December 1963 to a father who was a Kenyan citizen at that date. Note that Kenyan mothers could not transmit citizenship to children born outside Kenya20. iii). By registration during a transitional period: the relevant provisions opened up Kenyan citizenship to qualify it as non-racialised and inclusive. Moreover these persons would have to register for citizenship within a specified period, which was, in most cases, two years from the date of independence unless otherwise provided21. The categories of persons that qualified for citizenship by registration were as follows: a) Born in Kenya to parents who were not born there: A person above 21 years of age who was born in Kenya and was on 11 December 1963 a UK citizen or British Protected Person, but neither of his or her parents was born in Kenya22. b) Woman married to a citizen: A woman who on 11 December 1963 was married to a person who became a citizen of Kenya, or, but for his death, would have become a citizen of Kenya on 12 December 196323. c) Long-term resident citizen of the UK and Colonies: A person who was on 11 December 1963 a citizen of the UK and Colonies or of the Republic of Ireland and was on that day ordinarily resident in Kenya but not on the basis of a temporary immigration pass24. d) Naturalised citizens of the UK and Colonies: A person who on 11 December 1963 was a citizen of the UK and Colonies having naturalised as such in Kenya before the coming into force of or under the British Nationality Act, 194825. e) Commonwealth citizens or citizens of African countries: A commonwealth citizen or citizen of an African country that equally permitted Kenyan citizens to acquire their citizenship, and who had been ordinarily resident in Kenya for such period and under such authority prescribed by an Act of Parliament, and one of whose parents was a citizen of Kenya26. 19 Ibid, section 3: “Every person born in Kenya after 11th December 1963 shall become a citizen of Kenya at the date of his birth: Provided that a person shall not become a citizen of Kenya by virtue of this section if at the time of his birth: (a) neither of his parents is a citizen of Kenya and his father possesses such immunity from suit and legal process as is accorded to the envoy of a foreign sovereign power accredited to Kenya; or (b) his father is a citizen of a country with which Kenya is at war and the birth occurs in a place then under occupation by that country.” 20 Ibid, section 4. 21 Ibid, section 2 (1) & (6). 22 Ibid, section 2 (1). 23 Ibid, section 2 (2) & (3). Note that only Kenyan husbands could qualify their foreign wives for citizenship, while Kenyan wives could not do the same for their foreign husbands. 24 Ibid, section 2 (4). 25 Ibid, section 2 (5). 26 Ibid, section 6. RSCAS/GLOBALCIT-CR 2020/7 - © 2020 Author(s) 5