VII Citizenship What is Citizenship? Citizenship is a relationship between an individual and a state to which the individual owes allegiance and in turn is entitled to its protection. A citizen can be defined as a member of a political community who enjoys the rights and assumes the duties of membership. Other than being a member of a political community, a citizen must be a member of a state according to the law. Citizenship means that one has access to exclusive benefits offered to citizens by member states to the exclusion of members of other nationalities and stateless persons. Kenyan Citizenship How does one acquire Kenyan Citizenship? The Constitution of Kenya outlines methods in which one may acquire citizenship. The Constitution of Kenya outlines methods in which one may acquire citizenship: i. by birth; or ii. by registration Citizenship by birth. Relevant Provisions of the Law Constitution of Kenya, 2021 article 14 Citizenship by Birth 1. A person is a citizen by birth if on the day of the person’s birth, whether or not the person is born in Kenya, either the mother or father of the person is a citizen. 2. Clause (1) applies equally to a person born before the effective date, whether or not the person was born in Kenya, if either the mother or father of the person is or was a citizen. 3. Parliament may enact legislation limiting the effect of clauses (1) and (2) on the descendants of Kenyan citizens who are born outside Kenya. 4. 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. 5. A person who is a Kenyan citizen by birth and who has ceased to be a Kenyan citizen because the person acquired citizenship of another country, is entitled on application to regain Kenyan citizenship. Citizenship by birth is dependent on the country one is born and the nationality of either the mother or father. Being born in Kenya is not enough qualification for one to be a citizen by birth, it must be accompanied by either parent being a Kenyan citizen. CITIZENSHIP AND NATIONALITY RIGHTS CASE DIGEST