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Dual citizenship
Under the old Constitution, no one could be both a Kenyan citizen and citizen of another
country. The only exception was that children who were citizens of Kenya and another
country (perhaps because one parent was non-Kenyan and the law of each parent passed
their citizenship to their children) did not have to decide which citizenship to keep until
they reached adulthood. Such a person who reached the age of 23 without having given
up the other citizenship automatically ceased to be a Kenyan citizen . A Kenyan citizen,
who by a voluntary act took another citizenship, automatically lost the Kenyan citizenship
(automatically becoming a foreign national by marrying a foreigner did not have this
result, but that would be very unusual). The most obvious voluntary act would be to apply
to become a citizen of that other country. No act of renouncing Kenyan citizenship was
required.
To remedy this, the Constitution of Kenya, 2010 has in place provisions for dual
citizenship. The amendment was inspired by the struggles of persons married across various
nationalities, children of a Kenyan and foreign national, by the struggles of trans-border
communities and by the struggles of pastoralist communities that often crossed boarders
to graze cattle.
Can dual citizen hold a public office?
For one to hold public office, one must always put the interest of the Republic of Kenya
first. Dual citizens, being of two nationalities, had a conflict of interest, and therefore they
cannot hold public office.
CITIZENSHIP AND NATIONALITY RIGHTS CASE DIGEST
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