A new legislative bill brought forward by Suba South MP Caroli Omondi seeks to introduce a new citizenship criterion that will open doors to many Africans with Kenyan roots.
If passed by the national assembly, the bill will ensure that Africans in the diaspora who claim to have Kenyan ancestry become citizens through an expedited process. This would be fourth criteria for citizenship, in addition to citizenship by birth, registration and naturalization.
“A person born outside Kenya who claims Kenyan descent by ancestry may apply for citizenship subject to proving proof that the person has not been convicted of a criminal offence and been sentenced to imprisonment for a term not exceeding six months,” the bill reads in part.
This would require Kenyan authorities to conduct a genetic genealogy test on an individual applying for citizenship through this route. It entails the use of DNA testing, combined with traditional genealogical and historical records to establish biological relationships between people.
Other than the DNA test, the persons applying for citizenship by ancestry will also be required to show proof of reasonable financial well-being as prescribed in the law.
The applicants must also display that they are capable of making substantial contribution to Kenya’s development, and lastly, they must have not been convicted and sentenced for a term exceeding 6 months.
This, according to the bill sponsor Caroli Omondi, ensures that robust conditions have been set to prevent criminals infiltrating Kenyan borders.
“You must demonstrate that you are able to support yourself and also provide proof that there is something you are going to add to our economy,” he said.
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The MP further stated that, should the bill be passed by the National Assembly, it would increase government income streams as these applicants would inject capital into the country.
Article 13(2) of the Kenyan Constitution requires that citizenship can be acquired by birth or registration. For the latter, one needs to have been a resident of the country for a period extending 7 years.
“A person who has been lawfully resident in Kenya for a continuous period of at least 7 years and who satisfies the conditions prescribed by an Act of Parliament may apply to be registered as a citizen,” reads the Constitution.
Mr Omondi however, claims that this provision is unfair to African individuals who have Kenyan ancestry but their parents were of different nationalities and thus have no links to Kenya.
The citizenship by ancestry requirement was first passed in Ghana, and Kenya would be the second country, should the bill pass in Parliament.
