Last, citizenship can be acquired by naturalization. An applicant must satisfy the Immigration Minister that he or she:
vis at least 21 years old;
vhas been ordinarily and lawfully resident in Kenya for the period of twelve
months immediately preceding the lodgement of the application;
vhas been ordinarily and lawfully resident in Kenya for a period of, or for
periods amounting in the aggregate to, not less than four years in the seven
years immediately preceding the twelve months mentioned above;
vis of good character;
vhas an adequate knowledge of the Swahili language; and
vIntends, if naturalized as a citizen of Kenya, to continue to reside in the
country.72
Unlike citizenship obtained by birth, the Immigration Minister can revoke citizenship
acquired by registration or naturalization. For this power to be exercised, the Government must demonstrate:
vthat the citizen has been disloyal or disaffected towards Kenya through his
or her actions or words;
vthat that citizen has, during any war in which Kenya was engaged, unlaw
fully traded or communicated with an enemy or been engaged in or associ
ated with any business that was to his or her knowledge carried on in such
a manner as to assist an enemy in that war;
that, within the period of five years commencing with the date of the
registration or naturalization, a sentence of imprisonment of or exceeding
twelve months has been imposed on that citizen by a court in any country;
vthat that citizen has, since becoming a citizen of Kenya, been ordinarily
resident in countries other than Kenya for a continuous period of seven
years and during that period has neither§ been at any time in the service of Kenya or of an international organization
of which Kenya was a member; nor
§registered annually at a Kenyan consulate his [or her] intention to retain
[Kenyan] citizenship; or
vthat the registration or naturalization was obtained by means of fraud,
false representation or the concealment of any material fact. 73
Ibid section 93 (Emphasis added).
Ibid section 94.
72
73
13
OUT OF THE SHADOWS TOWARDS ENSURING THE RIGHTS OF STATELESS PERSONS AND PERSONS AT RISK OF STATELESSNESS IN KENYA
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