On Thursday, November 28, Immigration and Citizens Services Principal Secretary Julius Bitok made comments about Kenyan citizenship that raised concern among Kenyans regarding their children’s status.
The PS has clarified the difference between birth registration and citizenship in Kenya. He asserted that children under 18 are not automatically considered Kenyan citizens, as a birth certificate alone does not serve as proof of citizenship.
“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,” he said.
Addressing the National Assembly’s Committee on Regional Development, PS Bitok reiterated that citizenship in Kenya is granted through a single process; obtaining a national ID card.
He explained that while all children born in Kenya are issued birth certificates, this does not automatically grant them citizenship.
Kenyans should note that all birth certificates issued in the country include a disclaimer stating, ‘A certificate of birth is not proof of Kenyan citizenship’.
This clarification arises amidst debates about refugees in Kenya, many of whom have lived in the country for decades. Bitok stated that most refugees who arrived 30 years ago are now adults but still possess refugee IDs instead of 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 said, adding that the aging refugee population in Kenya may present legal and logistical challenges as the population ages.
How to apply for Citizenship in Kenya
The first step is to fill out required forms and submit them to the Immigration Department along with necessary documents and a non-refundable fee.
Upon the application’s approval, the successful applicant is issued a Certificate of Registration as a Kenyan citizen, granting them all the rights of citizenship.
Kenyan laws focus on both legal residency and familial ties to citizens. The process ensures that applicants are committed to becoming part of Kenyan society while meeting required standards for character and legal standing.
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In Kenya, citizenship is defined by the Constitution and the Kenya Citizenship and Immigration Act (Cap 170). Individuals can obtain citizenship through three main avenues; by birth, registration or special provisions.
Types of Citizenship in Kenya
Citizenship by Birth
A person qualifies as a Kenyan citizen by birth if, at the time of their birth, either parent is a Kenyan citizen regardless of whether the birth occurred within or outside the country.
Additionally, any child found in Kenya under the age of 8, whose parents and nationality are unknown is presumed to be a Kenyan citizen by birth.
Citizenship by Registration
Citizenship through registration in Kenya is granted to individuals in specific categories:
- Marriage: Foreign nationals married to Kenyan citizens for a minimum of seven years can 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 offenses.
- Lawful Residence: Persons who have legally resided in Kenya for at least seven years are eligible to apply. Applicants must show good character, proficiency in either English or Swahili and a commitment to permanent residence in Kenya.
- Adoption: Children adopted by Kenyan citizens can gain citizenship through an application process, provided the adoption complies with Kenyan laws.
Special Provisions
Individuals who are stateless and moved to Kenya before December 12, 1963, and have lived there without interruption, may be eligible for citizenship. This is provided they do not hold citizenship from another country and have a good understanding of local languages.
