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Kenyans may be allowed to hold dual citizenship By John Oyuke Kenyans could hold a foreign passport and still be citizens of their country if the proposed new constitution is passed. "A person who is a citizen by birth does not lose citizenship (a) by reason of only acquiring the citizenship of another country; and (b) may apply to regain citizenship, if the person had ceased to be a citizen as a result of acquiring the citizenship of another country,’’ reads Chapter 21 of the document released yesterday by AG Amos Wako. The concession could lift the blockade Kenya has given its athletes who chose to be national and runners of foreign countries. It also decrees that a person who has been married to a citizen of Kenya for seven years will qualify to apply for citizenship under the proposed Constitution of Kenya. In addition, citizenship will not be lost through marriage or dissolution of marriage. A citizen by birth would also not lose citizenship by reason of acquiring citizenship of another country and may apply to regain citizenship, if he/she had ceased to be citizen after acquisition of citizenship of another country. The proposed constitution however retains general requirements for citizenship, saying that citizenship would continue to be acquired by birth, registration, or naturalization. It states that every person who was a citizen immediately before the effective date retains citizenship and that every person who was not a citizen if the new constitution was in force, may apply to be registered as a citizen. According to the proposed constitution, every person born in Kenya is a citizen by birth, if, either the mother or the father of that person was a citizen at the date of that person’s birth or became a citizen by registration or naturalisation. In cases, where either parent of a person died before that person was born, that parent’s citizenship at the time of death applies as if that parent had survived until the birth of that person. Under the proposed constitution, a child found in Kenya who appears to be less than eight years of age, and whose nationality and parents are not known, is presumed to be a citizen by birth. A child who is not a citizen but adopted by a Kenyan may apply to be registered as one. A person who is a citizen by registration or naturalisation, or whose citizenship is acquired by virtue of the registration or naturalisation of another person, may be deprived of citizenship, if the citizenship was acquired by means of fraud, false representation or concealment of any material fact. The proposed constitution lists persons allowed to enter and reside in the country, if they comply with the conditions prescribed by an Act of Parliament governing entry and residence. It gives these as, a former citizen, a foreign wife or widow or foreign husband or widower of a citizen and a child of a citizen. It also gives Parliament the leeway to enact legislation governing the entry into and residence in Kenya of other categories of persons and providing for the status of permanent residents. The proposed new constitution of Kenya also outlines responsibilities of a citizen and also general principles of citizenship. Source: East African Standard Newspapers

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