VIII The condition of either parent being a citizen was in the repealed constitution. It was only available to children born in Kenya. For children born outside Kenya, the condition shifted from ‘either parent being a citizen’ to ‘if at the date of birth, the father is a citizen’. The provision was unfair because a Kenyan woman married to a foreigner could not pass on her citizenship to her child if the child was born out of Kenya. That provision was remedied by the Constitution of Kenya, 2010. Citizenship by birth for abandoned children. A child found in Kenya who is, or appears to be, less than eight years of age, and whose nationality and parents are not known, is presumed to be a citizen by birth . Can citizenship by birth be lost? Under the repealed constitution, citizenship by birth was automatically lost upon acquiring a new nationality. The Constitution of Kenya 2010 brought about dual nationality and hence persons who were citizens of Kenya by birth but had lost it had the power to reapply to get back their citizenship . It should be noted that where one has a claim for citizenship by birth against the Department of Immigration, the act of applying for citizenship has been considered by the courts as an admission that one is not a citizen.