In Kenya, a similar amendment process brought the country’s nationality law into line with international standards. Under the 1969 Constitution, only Kenyan men could pass their nationality on to non-national spouses. The 2010 Constitution has since established equal naturalization requirements for the wives and husbands of Kenyan nationals. Under the new law: “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.”48 The movement towards gender-neutral provisions in nationality laws is a positive development, and all States are encouraged to reform their legislation in line with CEDAW Articles 9(1) and 9(2). However, gender equality does not ensure a full safeguard against statelessness at marriage. Indeed, States are encouraged to establish naturalization processes applicable to both sexes that are minimally burdensome following marriage. In particular, provisions that protect naturalized spouses against loss of citizenship upon later changes in marital status provide better protection against statelessness. Key sources to consult ²² Convention on the Elimination of all Forms of Discrimination against Women (CEDAW), Article 9. ²² Convention on the Reduction of Statelessness. ²² UN Committee on the Elimination of Discrimination Against Women (CEDAW), General recommendation No. 32 on the gender-related dimensions of refugee status, asylum, nationality and statelessness of women, 5 November 2014, CEDAW/C/ GC/32, para. 61, available at: www.refworld.org/docid/54620fb54.html ²² UNHCR, Good practices paper – Action 3: Removing gender discrimination from nationality laws, 6 March 2015, available at: www.refworld.org/docid/54f8377d4.html. ²² UNHCR, Background Note on gender equality, nationality laws and statelessness 2018, 8 March 2018, available at: www.refworld. org/docid/5aa10fd94.html. 48 The Constitution of Kenya, 27 August 2010, Art. 15(1), available at: www.refworld.org/docid/4c8508822.html. 19

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