STATELESSNESS AND CITIZENSHIP IN THE EAST AFRICAN COMMUNITY
Table 5: Right to acquire nationality by naturalisation
COUNTRY
Burundi
Kenya
Rwanda
South
Sudan
Tanzania
Res. period
Language / cultural
requirements
10 yrs /
5 yrs for husband
Attachment to Burundi and Good conduct and morals;
“assimilation with Burundian no convictions for any
citizens”
“crime” or “délit”
7 yrs
“Adequate knowledge of Kenya
and of the duties and rights of No convictions more than 3
citizens”; able to understand and years prison
speak Kiswahili or a local dialect
5 yrs
Good behaviour and morals;
Respect Rwandan culture and be
no convictions more than 6
patriotic
months prison
10 yrs
Not convicted of an offence
related to honesty and
moral turpitude
8 yrs
-
Adequate knowledge of Kiswahili
Good character
or English
10 yrs Registration:
if “legal and
voluntary”
Uganda a
Character
20 yrs
Naturalisation: if
not “legal and
voluntary”
-
Adequate
knowledge of
“a prescribed
vernacular language”
or English
-
Good character
Renounce
other nat.
Minor children
included?
Limits on rights
for naturalised2
Legal provision
Exception to residency period can
be made in cases of “exceptional
service” to Burundi
Yes, automatically
President must be national from birth; otherwise
10 yrs before can be elected
C2005 Art97
L2000 Arts3&7-9
No
Has been determined to be
“Understands the
“capable of making a substantive
nature of the
contribution to the progress or
application”; not
advancement in any area of national
judged bankrupt
development within Kenya”
Yes, on application
President & Deputy President must be citizen by
birth; otherwise
10 yrs before can be elected as MP
C2010 Arts99&137
L2011 Secs13&22
No
The owner of “sustainable activities
in Rwanda”; not implicated in the
Not a burden on
ideology of genocide; conditions
the state
can be waived for a person “of
interest” to Rwanda
Yes, automatically
The President, President of Senate, Speaker of
the Chamber of Deputies, President of Supreme
Court must be of Rwandan nationality by origin
C2003(2015)
Arts 25,66,99&153
L2008 Arts5&13-17
-
Sound
mind
(if of unsound Conditions may be waived if
mind, parent or individual
has
served
guardian
may in the national interest
apply)
Yes, on application
President must be citizen by birth
No
Yes
In
some
circumstances
In
some
circumstances
Health
/ income
-
Other1
-
In terms of potential contribution,
would be a suitable citizen.
Child born outside country of father
who was citizen by descent may
naturalise without other conditions
On separate
application
-
Significant additional conditions
apply if wishes to hold dual
nationality.
No
-
May be refused if “immigration file
contains substantial inconsistencies
as to put his or her demeanour in
issue”.
Significant additional conditions
apply if wishes to hold dual
nationality.
President
by birth
must
be
President must be citizen by birth
C2011 Art98
L2011 Secs10-11
citizen
C1977(1995) Art39
L1995 Secs8-10, & 2nd
Schedule
C1995(2005) Art12(2)(b)&102
L1999(2009)
Secs14(2)(b),15,19,19B &19C
C1995(2005) Art13
L1999(2009)
Secs16&19,19A,19C
1. Most countries require the person to be adult; currently and legally resident, and to intend to remain so if they wish to naturalise; these provisions are not included here.
2. Provisions in the nationality law and constitution (not including electoral code).
a
Uganda has particularly complex distinctions between registration and naturalisation which are hard to represent in table form; significant additional conditions apply if the person wishes to have dual citizenship. The 1995 Constitution
provides for 10 years’ residence to acquire citizenship by registration, “or such other period prescribed by Parliament”; since 2009 the legislation has also required 10 years’ residence.
18
UNHCR / September 2018