Acquisition of citizenship at birth applies to persons born in the country after Kenya gained its independence on 12 December 1963. For one to qualify for citizenship on this ground one of the parents must be a citizen. section 89 of the Constitution provides that: ‘Every person born in Kenya after 11th December, 1963 shall become a citizen of Kenya if at the date of his birth one of his parents is a citizen of Kenya.’ Additional requirements exist for those born to foreign fathers. In the first place, the person must demonstrate that his or her father does not ‘possess immunity from suit of legal process as is accorded to the envoy of a foreign state accredit[ed] to Kenya’.63 Additionally, the applicant must show that his or her father is not a citizen of a country which is at war with Kenya.64 Citizenship by descent applies particularly to individuals born out of the country after independence. As with others born overseas, the Constitution places certain limitations on this category of persons. Again, the focus is on the applicant’s father. The Constitution declares that only Kenyan fathers can transmit citizenship under this head. According to section 90: ‘A person born outside Kenya after 12th December 1963 shall become a citizen of Kenya at the date of his birth if at that date his father is a citizen of Kenya.’ 65 Therefore, children born to Kenyan mothers overseas are ineligible for Kenyan citizenship by descent. Citizenship can also be acquired by registration.66 To be eligible, a person needs to show that one of the parents is a citizen of Kenya67 and the other is a national of a commonwealth country or a specified African State.68 Certain prescribed residency requirements must also be met.69 Foreigners married to Kenyans can also register for citizenship. However, the Constitution places limits on this mode of gaining citizenship by providing that only women who are married to Kenyan nationals are eligible to apply,70 meaning that foreign men married to Kenyan women cannot apply for citizenship on this ground. This state of affairs presents serious problems for children born of such relationships outside Kenya. 71 Ibid. Ibid. 65 Emphasis added. 66 For applicable forms, see the first schedule to the Kenyan Citizenship Act. 67 Section 92(2) of the Constitution. 68 Ibid. For a list of these countries, see section 95 of the Constitution. 69 Section 92(1) of the Constitution. 70 Ibid section 91. 71 However, section 3 of the Citizenship Act, which governs gaining citizenship by registration, does not discriminate between children born of foreigners overseas and those born in the country, as long as they satisfy residency, language and character tests. 63 64 12 OUT OF THE SHADOWS TOWARDS ENSURING THE RIGHTS OF STATELESS PERSONS AND PERSONS AT RISK OF STATELESSNESS IN KENYA