Report on Citizenship Law: Kenya
European counterparts14. Nevertheless, for those Africans that could afford or had the
opportunity to migrate to the Britain, the 1948 Act eased this process for them, although their
migration to the United Kingdom was only ‘expected to be limited and temporary’15.
The blatant racial discrimination and marginalisation of Africans in politics and the
economy in Kenya, their disenfranchisement, the expropriation of their land for European
agricultural settlers, which turned the former land owners into squatters on their land, the high
unemployment among the youth all partly contributed to massive disgruntlement and agitation
among the African population. The resultant 1952 Mau Mau rebellion which was mainly led
by the Kikuyu in central Kenya was defeated in 1958, but it had managed to amplify the cause
for freedom and independence. Soon thereafter, the talks for independence gained momentum
and Kenya attained its independence from Britain on 12 December 1963.
3. Citizenship regime from independence to 2010
3.1.
Citizenship in the 1963 Independence Constitution
Kenya’s independence constitution16 was negotiated and finalised in Lancaster House, London,
just like that of other former African British territories. Its provisions on citizenships were
virtually taken from the same template as that of its neighbouring countries.
The chapter on citizenship was the first chapter in the 1963 Constitution and it set out the
provisions on citizenship acquisition and loss, among others.
3.1.1. Acquisition of citizenship
Kenyan citizenship could be acquired in four ways:
i). Became a citizen at independence - one automatically became a citizen of Kenya upon
its independence if:
a) Two generations born in Kenya: He or she was born in Kenya to parents either
of whom had been born in Kenya, and was on the 11 December 1963 a citizen
the UK and Colonies or a British Protected Person17.;
b) Born outside Kenya to a citizen father: A person who by 11 December 1963
was a citizen of the UK and Colonies or a British Protected Person, but was
born outside Kenya and their father became or would, but for his death, have
become a citizen of Kenya on 12 December 1963;18
ii). Born after independence
a) He or she was born in Kenya after 11 December 1963, unless the father had
diplomatic status, (or was a citizen of a country with which Kenya was at war
14
B Manby, Citizenship in Africa: The Law of Belonging (Hart Publishing 2018) 46.
Hansen, ibid, 89-90.
16
The 1963 Constitution of Kenya was set out in Schedule 2 of The Kenya Independence Order in Council
1963, Legal Notice No. 718 of 1963.
17
The Constitution of Kenya, 1963, section 1 (1).
18
Ibid section 1(2).
15
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RSCAS/GLOBALCIT-CR 2020/7- © 2020 Author(s)