Acquisition of nationality through naturalization
distinction in the treatment of these two categories with the exception that migrants are
only eligible if they do not hold a passport or an identification document of any other
country.103
Descendants of those eligible to register under the legal category of either stateless
person or migrant are also eligible for registration if they were born in Kenya, are
aged 18 years and above, have continuously resided in Kenya, and do not hold
identification documents from any other country. To benefit as descendants, they must
first demonstrate that there is sufficient proof that their parents fall within the legal
categories either of a stateless person or migrant.104
For each of these three categories, they must also meet the following specific conditions
set out in the 2011 Act: they must have adequate knowledge of Kiswahili or a local
dialect; they must not have been convicted of an offence or sentenced to imprisonment
for a term of three years or longer; upon registration they must intend to continue to
permanently reside in Kenya or to maintain a close and continuing association with
Kenya; and they must understand the rights and duties of a citizen.
When the Act was enacted in 2011, it provided for a five-year window for persons falling
within the above categories to apply for citizenship by registration, with the possibility
for the Cabinet Secretary to extend this period for a further three years. Since then,
the deadline has been extended again in 2016, 2017 and 2019 so that applications for
Kenyan citizenship can be submitted until August 2021. Advocacy for further extension
of the measure is ongoing.
103 Ibid.
104 Kenya Citizenship and Immigration Act of 2011, Section 17.
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