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KENYA CITIZENSHIP

The Kenya Citizenship and Immigration Act which implements Chapter 3 of the New Constitution commenced on 30th August 2011, effectively repealing the Kenya Citizenship Act Cap. 170, the Immigration Act Cap. 172 and the Aliens Restriction Act Cap. 173 Laws of Kenya. Consequently, Kenyans residing in Australia, New Zealand and the Pacific region and who also hold Passports of these countries should take note of the following:

  • A person born of a Kenyan parent irrespective of the place of birth automatically becomes a citizen of Kenya by birth;
  • The constitution of Kenya 2010 has allowed dual nationality and allowed for restoration of citizenship of those who were citizens by birth, but lost by virtue of the provisions of the repealed constitution. The new constitution came into effect from the date of promulgation on the 27th August 2010.
  • The high court made an interpretation of the provision for regaining and held that:
    • Any person who voluntarily applied for the citizenship of another country lost his Kenyan citizenship as a matter of law.
    • Any person who lost his citizenship could only therefore regain it by the procedure laid down in the Kenya citizenship and immigration act 2011, and not as a matter of right.
    • The provisions relevant for regaining of citizenship must be strictly adhered to and applied
    • The provisions are to be found in section 10 of the Kenya Citizenship and Immigration Act, 2011.

 

Regaining Kenya Citizenship

Kenyan citizens by birth who ceased to be citizens of Kenya by voluntarily acquiring the citizenship of other countries and/or renouncing the citizenship of Kenya in accordance with the repealed (old) Constitution may regain citizenship upon application in the prescribed manner.
Requirements:

  • Duly completed application form (5)
  • Two passport size photographs
  • Certified copies of Kenyan id and/or passport
  • Certified copy of other countries passport and citizenship certificate

Fee is Ksh 5000 (payable after approval is granted)
Please include a self-addressed registered post/platinum post envelope (in which to return the documents once the Immigration Department has finalised its process)

Send the fully completed form and attachments to the High Commission in a secure manner either by courier or registered/platinum post.

 

Declaration of Dual Citizenship

It is an offence to fail to declare dual citizenship under Section 8(4) of the Act. Every Kenyan who holds dual citizenship and is 18 years old and above is required by law to declare the other citizenship within three (3) months of becoming a dual citizen. Such declarations may be made through the Declaration made by a Dual Citizen (Form 2) (fully completed and in duplicate).
Requirements:

  • Duly completed application form (2)
  • Two passport size photographs
  • Certified Copy of Kenya passport and/or ID card
  • Certified Copy of the other countries passport and citizenship certificate
  • Certified copy of Birth certificate

All the above should be forwarded in a secure manner to the High Commission; and a self-addressed registered post/platinum post envelope (with which to return back the Dual citizenship declaration slips once processed by Immigration Department)

 

Citizenship by marriage to a Kenyan citizen

Requirements:

  • Duly completed application form (7)
  • Two passport size photographs
  • Copy of marriage certificate
  • Certificate of good conduct/police clearance
  • A joint sworn affidavit
  • Copy of dependants pass/permit

Fee- Ksh 30,000, Or Ksh 5000(East Africans)

 

Citizenship application by Windows and widowers

Requirements:

  • Duly completed application form (8)
  • 2 passport size photographs
  • Copy of marriage certificate
  • Copy of death certificate
  • Certificate of good conduct
  • A sworn affidavit
  • Copy of dependants pass/permit

Fee Ksh 5000 (payable after approval is granted)

 

Children and Dependants

Requirements:

  • Duly completed application form (10)
  • 2 passport size photographs
  • Certificate of birth or local adoption certificate
  • Copy of parents Kenyan passport and/or ID card
  • Copy of dependants pass

Fee Ksh 20,000.

 

Renunciation of Kenyan citizenship

Requirements:

  • Duly completed application form (15)
  • 2 passport size photographs
  • Original Kenyan passport and/or identity card
  • Copy of other countries passport or citizenship certificate

Fee- Ksh 20,000.
Exemption from Visa requirement

A dual citizen whose passport of the other country has been endorsed to indicate that the holder is also a citizen of Kenya may use the (other) passport to enter or exit out of Kenya and shall be exempted from visa, pass or permit requirements.

For additional information on Kenyan citizenship please read The Kenya Citizenship and Immigration Act 2011.

Please click here to download a passport application form to renew an expired passport.