STATELESSNESS AND CITIZENSHIP IN THE EAST AFRICAN COMMUNITY papers on reaching adulthood; however, it is important that with increasing formalisation of identification requirements (including efforts to create complete population registries) their situation is accommodated and processes created to ensure these children do not face the risk of statelessness and lack of identification. Nationality based on marriage The most common ground for acquiring nationality as an adult is on the basis of marriage. In most countries, marriage to a national allows the spouse to acquire nationality either automatically or on the more favourable terms of registration (in common law countries) or option/declaration (in civil law countries). In East Africa, Burundi and Tanzania still do not allow women to pass their nationality to their non-national spouses, while Kenya is unusual in applying conditions to the acquisition of nationality by marriage beyond the fact of marriage and a residence period. Although the law is now non-discriminatory, in practice Kenya still applies higher vetting standards to the acquisition of citizenship by the husbands of Kenyan women than the wives of Kenyan men.29 Most laws apply these rules also to those whose spouses have died while the marriage was still in effect. Table 3: Right to transmit nationality to a spouse COUNTRY Nationality by marriage Res. period (if any)* Marriage period (if any) Level of discretion Relevant legal provision(s) Year of equality By declaration L2000 Arts4,10-12 - C2010 Art15(1) L2011 Secs11-12 2010 Burundi w Kenya = 7 yrs On application, subject to conditions including clean criminal record Rwanda = 3 yrs On application may acquire L2008 Art11 2004 South Sudan = On application may acquire L2011 Sec13 2011 Tanzania w On application shall be entitled L1995 Sec11 - Uganda = C1995(2005) Art12(2)(a) L1999(2009) Sec14(2)(a) 1995 5 yrs 5 yrs On application registered * If residence period noted then residence is after marriage. = Equal rights for men and women to pass citizenship. w Only a foreign woman can acquire nationality on basis of marriage to a national man. shall be Dual nationality Dual nationality is allowed under the law in most circumstances in Burundi (since 2000), Kenya (since 2010), Rwanda (since 2003), South Sudan (since 2011), and Uganda (since 2009). In Uganda, however, dual nationality is permitted only with the permission of the authorities, whilst in Kenya failure to disclose dual citizenship to the authorities is an offence punishable by imprisonment and/or a fine. Dual citizenship is not permitted for adults in in Tanzania; recent constitutional debates rejected the inclusion of this change in a proposed new draft constitution, but the issue remains under discussion. 29 14 Input at Arusha workshop, 20 March 2017. UNHCR / September 2018