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Immigration and Citizens Services Principal Secretary (PS) Julius Bitok has clarified the distinction between birth registration and citizenship in Kenya.
He stated on Thursday that being born in the country and possessing a birth certificate does not automatically make one a Kenyan citizen.
The constitution says that all children born in Kenya are registered by the civil registry. That’s correct. But that does not entitle them to citizenship. A birth certificate is not an entitlement to citizenship. National ID is what entitles one to be a Kenyan citizen.
The PS underlined that while the law mandates the registration of all births in Kenya and the issuance of birth certificates, citizenship is determined by obtaining a national identification card (ID), which is a separate process.
This clarification comes amid discussions surrounding refugees in Kenya, many of whom have resided in the country for decades.
Bitok noted that most refugees who arrived 30 years ago are now adults but hold refugee IDs rather than Kenyan national IDs.
Most of the refugees now who came 30 years ago are already adults in Kenya. But most of them have refugee ID. They don’t have Kenya’s national ID.
He further pointed out the legal and logistical challenges that may arise as this population ages.
The remarks shed light on the legal framework surrounding citizenship in Kenya and the challenges faced by long-term refugees who have yet to secure national identification.
Citizenship in Kenya: What the Law Says
In Kenya, the acquisition of citizenship is governed by the Constitution of Kenya and the Kenya Citizenship and Immigration Act (Cap 170).
Citizenship can be acquired in several ways, primarily through birth, registration, or marriage.
Types of Citizenship in Kenya
Citizenship by Birth
A person is considered a citizen by birth if either parent is a Kenyan citizen at the time of their birth, regardless of where the birth occurs.
This includes individuals born in Kenya to non-citizen parents if at least one parent was a citizen at that time.
It is important to note that all birth certificates issued in Kenya bear the caveat: “A certificate of birth is not proof of Kenyan citizenship.”
Citizenship by Registration
Citizenship by registration is available to several categories of individuals:
Marriage: A foreign national married to a Kenyan citizen for at least seven years may apply for citizenship. The marriage must be legally recognized in Kenya, and the applicant must not have been declared a prohibited immigrant or convicted of serious crimes.
Lawful Residence: A person who has been lawfully resident in Kenya for at least seven years can apply for citizenship.
The applicant must demonstrate good character, knowledge of English or Swahili, and commitment to reside in Kenya permanently.
READ: Gilad Millo officially a Kenyan citizen after 21 years
Adoption: A child adopted by a Kenyan citizen is eligible for citizenship upon application, provided that the adoption is recognized under Kenyan law.
Special Provisions
Stateless Individuals who migrated to Kenya before December 12, 1963, and have continuously resided there may also qualify for citizenship under specific conditions, such as not holding citizenship from another country and having adequate knowledge of local languages.
Application Process
To apply for Kenyan citizenship, individuals must complete designated forms and submit them to the Immigration Department along with supporting documents and a non-refundable fee.
The application process includes:
Verification through a statutory declaration before a magistrate or commissioner of oaths.
Processing time can vary significantly based on individual circumstances.
Once approved, successful applicants receive a Certificate of Registration as a Kenyan citizen, granting them all rights associated with citizenship.
The laws governing Kenyan citizenship emphasize both legal residency and familial connections to Kenyan citizens.
The process is designed to ensure that applicants are committed to integrating into Kenyan society while also maintaining standards regarding character and legal status.