Skip to main content

Constitutional Anatomy 002 - Dual Citizenship

Away from the controversy, I sought to know what the draft law says about holding two passports. This is of particular interest to me as one of the services we offer under formAKenyanCompany.com is work permit registration. I regularly communicate with many folks who are curious about the provision for dual citizenship in Kenya. In the current constitution that's a flat no, but I wondered what the draft law said.

A very brief section 16 spells out the main criteria for dual citizenship, you must first be Kenyan by birth. Section 14 describes what a citizen by birth is: (1) on date of birth, one of the parents is a Kenyan citizen, (2) applies to persons born before the effective date of the new constitution or (4) a child found in Kenya who is less than 8 years old. The birthers would find this interesting as it means that Obama is still a Kenyan citizen, and even if he had renounced Kenyan citizenship when he turned 18, then (5) allows him to acquire citizenship on application. Wouldn't that be interesting, a US president holding US and Kenyan passports?

Section 18 further provides for parliament to create legislation for among other things permanent residency. This is a significant change from the current consitution which doesn't provide for permanent residency, and the current immigration law which provides for resident permits ofa maximum of two years.

So are you a former Kenyan who would like to regain your citizenship or a non-Kenyan living and working in Kenya on a resident permit? What do you think about this section?

Comments

wor said…
Just to clarify:

I am an American Citizen that married a Kenyan in 2009. Is there any way I can obtain dual citizenship in Kenya?

Thanks.
Harry Karanja said…
@wor Article 15(4) provides for citizens of other countries acquiring Kenyan citizenship. However before this can take effect parliament will need to enact legislation.

Popular posts from this blog

Differences between a Business Name (Sole-Proprietorship / Partnership) and a Limited Liability Company

While consulting for our online company registration service, Incorporator I find myself answering the question "What is the difference between a sole-proprietorship and a company?" Anybody who is considering starting a business must consider what type of business structure is needed for his or her particular situation. In Kenya there are three types of structures that one can use to start their business. 1. An LLC, or Limited Liability Company 2. A sole proprietorship 3. A Partnership A Sole-proprietorship and a Partnership are registered through the same manner (Form BN/2) with the exception that a partnership has more than one owner and although not necessary, entrepreneurs are advised to register a partnership deed as well. In this article all references to sole-proprietorship also include partnership. Understanding the advantages and disadvantages of each structure is important when deciding which one you want to use for your company.

Cyber Cafe with an EDGE

Followed up from Laying the Groundwork for a rural cyber I've finally got around to writing this. Thanks for you all who patiently waited. Although I approached the project as an "internet consultant", I soon realised I would need to implement the whole spectrum of tasks required to get the cyber running. I spent almost a week laying the structured cabling, installing the software, and configuring the network. Most of the work I was doing for the first time (e.g. drilling holes in concrete to fix the trunking screws) and most of it was hard, but all of it was enjoyable. I needed to prove the project was implementable with minimal human resources (if it was going to work elsewhere). With an eye on both troubleshooting by the owner and future projects I prepared detailed How To manuals for most of the tasks. So the day finally arrived, November 17th I connected all the PCs to the internet. The results were incredible, the speeds were nearly as good as my 256K broadband conn

Selling stuff online to Kenyans

You might not know this but my love of entrepreneurship is fuelled majorly by my love of computer programming. My first exposure to computers was in 1988 when I played shuffleboard on an Atari. Having been raised in the boondocks I was utterly spellbound with the concept of a video game. In 'shags' we hardly ever got toys from the shops; instead we would create our own toys using locally available material. For toy cars we twisted and shaped wire coat hangers and cut out rubber tires from old (and sometimes mom's new) bathroom slippers. For planes, we stuck a stalk of grass through a dried maize leaf and made our 'propellers' rotate by holding them out in front and running into the wind (incidentally this was my all-time favourite). For marbles we hunted for used and discarded bottle-tops (beer bottle-tops were coveted). In fact we had so many toys that our game time never felt inadequate. That was until I discovered video games. Hard as I thought I didn't see