You Won't Lose Your Citizenship By Acquiring Another Country's Citizenship, Kenyan Lawyer

• Kenyans by birth who are working abroad or traveled for marriage in foreign countries can apply for citizenship in those countries without losing their Kenyan nationality
• Kenyans who attain dual citizenship need to notify the government of their new status within three months lest they lose their Kenyan nationality
• Also, Kenyans by birth who happen to lose their citizenship are entitled to regain it through application, according to the Constitution of Kenya 2010
• Foreigners can acquire Kenyan citizenship by being married to Kenyan citizens for at least seven years or by permanently and lawfully being residents of Kenya for the same period

Michael Ollinga is a journalist at TUKO.co.ke with over 10 years of experience covering courts and crimes, special reports, and current affairs in Kenya.

Lack of employment and the unforgiving cost of life have seen several Kenyans consider leaving the country to seek green pastures in Europe, the United States of America, the Middle East, and other continents.

Kenyans in diaspora

This is despite some incidents where Kenyans, especially house-helps, have been mistreated in nations like Saudi Arabia.

The scramble to exit the country has also turned out to be a trap for unsuspecting Kenyan citizens who have ended up becoming prey for rogue travel and job agencies.

Besides this, successful transitions have seen Kenyans who initially traveled abroad for work purposes only apply and embrace the citizenship of those countries.

In most cases, successful applications for foreign country citizenships and subsequent issuance of passports occur after seven years, which applies to foreign citizens seeking to apply for Kenyan citizenship.

Before the Constitution of Kenya 2010, Kenyans would lose their citizenship immediately after acquiring other countries' citizenship.

However, the current law slammed the door on the face of legal provisions restricting dual citizenship, and Kenyans can hold another country's passports without losing citizenship.

Declaration of Dual Citizenship

"Kenyans can enjoy dual citizenship. By acquiring the citizenship of another country, they do not lose their citizenship as Kenyans, especially if they are citizens by birth. This milestone was attained after the Constitution of Kenya 2010 was promulgated on August 27, 2010," lawyer Willis Otieno explained.

TUKO.co.ke established that dual citizenship is permissible in Kenya as provided in the Constitution of Kenya 2010 and the Kenya Citizenship Act of 2011.

However, Kenyans who acquire citizenship in other countries must disclose their other nationality within three months of becoming dual citizens, lest they lose their Kenyan nationality.

"Every Kenyan is entitled to dual citizenship, which means you can have the citizenship of Kenya and another country but are required to declare that they are dual citizens within three months of getting new nationality," added the lawyer.

Nonetheless, a Kenyan citizen by birth who lost their citizenship by acquiring that of another country, for example, by not declaring dual citizenship within three months, can regain their Kenyan citizenship by application.

Kenyan citizenship by birth

Chapter Three of the Constitution of Kenya 2010, Chapter Three, Article 16, indicates that a citizen by birth does not lose citizenship by acquiring the citizenship of another country.

According to Chapter Three, Article 13 of the Constitution of Kenya 2010, citizenship may be acquired by birth, or You can learn registration and cannot be lost through marriage or dissolution of marriage.

Article 14 of the same chapter indicates that for one to be considered as a citizen of Kenya by birth, they are supposed to be, on the day of birth, whether or not the person is born in Kenya, either the mother or father of the person is a citizen of Kenya.

Also, a child found in Kenya who is, or appears to be, less than eight years old and whose nationality and parents are unknown is presumed to be a citizen of Kenya by birth.

Therefore, Kenyans by birth who traveled outside the country for work purposes or to get married may comfortably apply for exceptional citizenship. People with low incomes are few. those countries without the fear of losing their nationalities.

"To access countries like Uganda, you can enter without a passport. You can use your national Identity card and sign a temporary entry permit. You are supposed to notify that you are a citizen of the East Africa Community, then apply for a work permit and work for about seven years, then apply for citizenship," Otieno explained in a Facebook post.

Kenyan citizenship by registration

Article 15 of Chapter Three of the Constitution of Kenya 2010 also states that a person who has been married to a Kenyan citizen for at least seven years is entitled to be registered as a citizen of Kenya on application.

"A person who has been lawfully resident in Kenya for a continuous period, of at least seven years, and who satisfies the conditions prescribed by an Act of Parliament, may apply to be registered as a citizen," sub-article two of Article 15 states.

US citizenship application

Non-citizen children adopted by citizens are entitled to registration as citizens on application.

To attain citizenship of the United States of America, for instance, one is required to be a child of a U.S. citizen, married to a U.S. citizen, serving in the U.S. military, or have been lawfully and permanently residing in the U.S. for at least five years.

This is according to the Homeland Security. For a foreigner to attain this citizenship, they need to undergo the naturalisation process, which takes, on average, between 18 and 24 months.