children born overseas of Kenyan mothers and foreign fathers before entry into force of the new Constitution would also be considered as Kenyan nationals by birth.244 In addition, there are no limitations on citizenship by registration. Accordingly, foreign men married to Kenyan citizens can apply for citizenship under this mode, provided they meet prescribed residency requirements. 245 Moreover, dual citizenship is also permitted. 246 These legal changes could go a long way towards reducing the incidence of statelessness in Kenya as well as the challenges facing persons at risk of statelessness in the country. But even then, as illustrated in this study, Kenya’s policy, legislative and administrative environment would require fairly radical realignment to facilitate the exercise of rights by stateless persons as well as those at risk of statelessness. 243 See clause 14(1) (‘A person is a citizen by birth if on the day of the person’s birth, whether or not the person is born in Kenya, either the mother or father of the person is a citizen’). 244 See clause 14 (2) (‘Clause (1) applies equally to a person born before the effective date, whether or not the person was born in Kenya, if either the mother or father of the person is or was a citizen.) 245 See clause 15(1) (‘A person who has been married to a citizen for a period of at least seven years is entitled on application to be registered as a citizen’). 246 See clause 16 (‘A citizen by birth does not lose citizenship by acquiring the citizenship of another country’). 44 OUT OF THE SHADOWS TOWARDS ENSURING THE RIGHTS OF STATELESS PERSONS AND PERSONS AT RISK OF STATELESSNESS IN KENYA