In Kenya, a similar amendment process brought the country’s nationality law into line
with international standards. Under the 1969 Constitution, only Kenyan men could
pass their nationality on to non-national spouses. The 2010 Constitution has since
established equal naturalization requirements for the wives and husbands of Kenyan
nationals. Under the new law: “A person who has been married to a citizen for a period
of at least seven years is entitled on application to be registered as a citizen.”48
The movement towards gender-neutral provisions in nationality laws is a positive
development, and all States are encouraged to reform their legislation in line
with CEDAW Articles 9(1) and 9(2). However, gender equality does not ensure a
full safeguard against statelessness at marriage. Indeed, States are encouraged
to establish naturalization processes applicable to both sexes that are minimally
burdensome following marriage. In particular, provisions that protect naturalized
spouses against loss of citizenship upon later changes in marital status provide better
protection against statelessness.
Key sources to consult
²²
Convention on the Elimination of all Forms of Discrimination
against Women (CEDAW), Article 9.
²²
Convention on the Reduction of Statelessness.
²²
UN Committee on the Elimination of Discrimination Against
Women (CEDAW), General recommendation No. 32 on the
gender-related dimensions of refugee status, asylum, nationality
and statelessness of women, 5 November 2014, CEDAW/C/
GC/32, para. 61, available at: www.refworld.org/docid/54620fb54.html
²²
UNHCR, Good practices paper – Action 3: Removing gender
discrimination from nationality laws, 6 March 2015, available at:
www.refworld.org/docid/54f8377d4.html.
²²
UNHCR, Background Note on gender equality, nationality laws
and statelessness 2018, 8 March 2018, available at: www.refworld.
org/docid/5aa10fd94.html.
48 The Constitution of Kenya, 27 August 2010, Art. 15(1), available at: www.refworld.org/docid/4c8508822.html.
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