The Kenyan government has deported Miguna Miguna.Due to this unexpected occurrence,it’s good to know what the law on dual citizenship,deportation,passports,immigration and refugee says.Here is a comprehensive summary on the same.
- (1) A citizen of Kenyan by birth who acquires the citizenship of another country shall be entitled to retain the citizenship of Kenya subject to the provisions of this Act and the limitations, relating to dual citizenship, prescribed in the Constitution.
- A dual citizen shall, subject to the limitations contained in the Constitution, be entitled to a passport and other travel documents and to such other rights as shall be the entitlement of citizens.
- Every dual citizen shall disclose his or her other citizenship in the prescribed manner within three months of becoming a dual citizen.
- A dual citizen who fails to disclose the dual citizenship in the prescribed manner commits an offence and shall be liable, on conviction, to a fine not exceeding five million shillings or imprisonment for a term not exceeding three years or both.
- A dual citizen who uses the dual citizenship to gain unfair advantage or to facilitate the commission of or to commit a criminal offence, commits an offence and shall be liable, on conviction, to a fine not exceeding five million shillings or imprisonment for a term not exceeding three years or both.
- A dual citizen who holds a Kenyan passport or other travel document and the passport or other travel document of another country shall use any of the passports or travel documents in the manner prescribed in the Regulations
- A dual citizen shall owe allegiance and be subject to the laws of Kenya.
Citizenship by Presumption for foundlings.
- (1) Any person who finds a child who is or appears to be less than eight years of age, and whose nationality and parents are not known shall present the child to the Government department dealing with matters relating to children and where there is no such department, present the child to the nearest Government department or agency.
- Where a child is received by a Government department or agency that is not responsible for matters relating to children, the department or agency shall immediately report and present the child to the Government department responsible for matters relating to children.
- The Government department responsible for matters relating to children shall undertake the necessary investigations including, subject to the rights of the child under any written law, the use of media to determine origin of the child.
- If the Government department responsible for matters relating to children fails to determine the origin and identity of the child in question, it shall present the child found to the Children’s Courts and take out proceedings for the determination of the age, nationality, residence and the parentage of the child.
- The court shall after determining the adequacy of the efforts undertaken by the Government department responsible for matters relating to children, issue an order directing that such a child be presumed to be a citizen by birth or any other order that it deems fit to grant.
- Where the court makes an order that the child be presumed to be a citizen by birth, it may direct the Director to register the child in the register of children presumed citizen by birth.
- Any person who brings into Kenya, conspires, assists or facilitates the abandoning of a child with the intention of conferring citizenship on the child commits an offence and is liable, on conviction, to a fine not exceeding ten million shillings or imprisonment for a term not exceeding ten years or to both
Regaining citizenship.
- (1) A person who was a citizen of Kenya by birth and who ceased to be a citizen of Kenya because he or she acquired the citizenship of another country may apply in the prescribed manner, to the Cabinet Secretary to regain Kenyan citizenship.
- The application under subsection (1) shall be accompanied by—
(a) proof of applicant’s previous Kenyan citizenship;
(b) proof of citizenship of the other country;
- Upon receipt of an application made under subsection (1), the Cabinet Secretary shall cause the application to be registered and keep a record of such application.
- The Cabinet Secretary shall after registering an application, issue a certificate in a prescribed form to the applicant.
- The Cabinet Secretary may issue an extract of the register to the applicant and such further extracts to such third parties as shall be entitled upon application and payment of such fees as may be prescribed.
Citizenship by marriage.
- 11. A person who has been married to a citizen of Kenya for a period of at least seven years shall be entitled, on application, in the prescribed manner to be registered as a citizen of Kenya, if—
(a) the marriage was solemnized under a system of law recognized in Kenya, whether solemnized in Kenya or outside Kenya;
(b) the applicant has not been declared a prohibited immigrant under this Act or any other law;
(c) the applicant has not been convicted of an offence and sentenced to imprisonment for a term of three years or longer;
(d) the marriage was not entered into for the purpose of acquiring a status or privilege in relation to immigration or citizenship; and
(e) the marriage was subsisting at the time of the application.
Widows and widowers.
- (1) A foreign national who has been married to a citizen who but for the death of the citizen would have been
entitled, after a period of seven years, to be registered as a citizen of Kenya under section 11, shall be deemed to be lawfully present in Kenya for the unexpired portion of the seven years and shall be eligible for registration as a citizen on application in the prescribed manner upon expiry of the seven year period.
- The conditions for registration provided in section 11(a) to (d) shall apply to a widow or widower who has applied for registration under this section.
- A widow or widower who marries a non-citizen before the expiry of the period of seven years shall not be entitled to acquire citizenship by registration under this section.
Lawful residence.
- 13. (1) A person who has attained the age of majority and capacity who has been lawfully resident in Kenya for a continuous period of at least seven years may on application be registered as a citizen if that person—
(a) has been ordinarily resident in Kenya for a period of seven years, immediately preceding the date of application;
(b) has been a resident under the authority of a valid permit or has been exempted by the Cabinet Secretary, in accordance with section 34(3)(h) and who is not enjoying the privileges and immunities under the Privileges and Immunities Act (Cap. 179);
(c) has resided in Kenya throughout the period of twelve months immediately preceding the date of the application;
(d) has an adequate knowledge of Kenya and of the duties and rights of citizens as contained in this act;
(e) is able to understand and speak Kiswahili or a local dialect;
(f) understands the nature of the application under subsection (1);
(g) has not been convicted of an offence and sentenced to imprisonment for a term of three years or longer;
(h) satisfies the Cabinet Secretary that he or she intends to reside in Kenya after registration;
(i) has been determined, through an objective criteria, and the justification made, in writing, that he or she has made or is capable of making a substantive contribution to the progress or advancement in any area of national development within Kenya; and
(j) is not an adjudged bankrupt.
- The Cabinet Secretary shall not register an applicant as a citizen of Kenya under this section if at the date of making the application applicant’s country of citizenship is at war with Kenya.
- A child of a citizen by registration who was born before the parent acquired citizenship may on application by the parent or legal guardian be registered as a Kenya citizen upon—
(a) production of documents conferring Kenyan citizenship to any of the parents;
(b) production of the child’s birth certificate; and
(c) proof of lawful residence of the child in Kenya.
- A child or person with disability who is a dependant of any biological parent or legal guardian who is a citizen of Kenya by registration shall upon an application made on their behalf in a prescribed manner be registered as a citizen,
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| (a) production of documents conferring | Kenyan |
citizenship to any of the parents or the legal guardian;
(b) production of the child’s or the person with disability’s birth certificate; and
(c) proof of lawful residence of the child or person with disability in Kenya.
Adopted children.
- A child who is not a citizen, but is adopted by a citizen, is entitled on application in the prescribed manner by the adopting parent or legal guardian to be registered as a citizen upon—
(a) the production of proof of the Kenyan citizenship of the adopting parent;
(b) the production of a valid adoption certificate issued in a reciprocating state or other jurisdiction whose orders, decrees are recognized in Kenya; and
(c) proof of lawful residence of the child in Kenya.
Stateless persons.
- (1) A person who does not have an enforceable
claim to the citizenship of any recognized state and has been living in Kenya for a continuous period since 12th December, 1963, shall be deemed to have been lawfully resident and may, on application, in the prescribed manner be eligible to be registered as a citizen of Kenya if that person—
(a) has adequate knowledge of Kiswahili or a local dialect;
(b) has not been convicted of an offence and sentenced to imprisonment for a term of three years or longer;
(c) intends upon registration as a citizen to continue to permanently reside in Kenya or to maintain a close and continuing association with Kenya; and
(d) the person understands the rights and duties of a citizen.
- Applications under this section shall be made within a period of five years from the date of commencement of this Act and may by notice in the gazette be extended by the Cabinet Secretary for an additional period of three years.
Migrants.
- 16. (1) A person who voluntarily migrated into Kenya before the 12th December, 1963, and has been continuously living in Kenya shall be deemed to have been lawfully resident and may, on application in a prescribed manner, be eligible to be registered as a citizen of Kenya if that person—
(a) does not hold a passport or an identification document of any other country;
(b) has adequate knowledge of Kiswahili or a local dialect;
(c) has not been convicted of an offence and sentenced to imprisonment for a term of three years or longer;
(d) intends upon registration as a citizen to continue to permanently reside in Kenya or to maintain a close and continuing association with Kenya ; and
(e) the person understands the rights and duties of a citizen.
- Applications under this section shall be made within a period of five years from the date of commencement of this Act and may by notice in the gazette be extended by the Cabinet Secretary for an additional period of three years.
Descendants of stateless persons and migrants.
- (1) A person who has attained the age of eighteen years and whose parents are or in the case of deceased parents were eligible to be registered as a citizen under sections 15 and 16 may, upon application in the prescribed manner be registered as a citizen of Kenya if—
(a) there is sufficient proof that the parents of that person fall within the class of persons referred to in section 15 and 16 of this Act;
(b) the person was born in Kenya and has been continuously living in Kenya since birth;
(c) the person does not hold and has never held a passport or identification documents of any other country;
(d) the person understands and speaks Kiswahili or a local dialect;
(e) has not been convicted of an offence and sentenced to imprisonment for a term of three years or longer;
(f) the person intends upon registration as a citizen to continue to permanently reside in Kenya or to maintain a close and continuing association with Kenya; and
(g) the person understands the rights and duties of a citizen.
- Applications under this section shall be made within a period of five years from the date of commencement of this Act and may by notice in the gazette be extended by the Cabinet Secretary for an additional period of three years.
Effect of registration.
- A person who qualifies to be registered as a citizen of Kenya under this Act, shall upon taking the oath or affirmation or allegiance, in the prescribed manner, be issued with a certificate of registration as a citizen of Kenya.
Voluntary renunciation of Kenyan citizenship.
- (1) Where a Kenyan citizen by birth voluntarily makes a declaration of renunciation of Kenyan citizenship, in the prescribed manner, the Cabinet Secretary shall cause the declaration to be registered.
- The Cabinet Secretary shall not register a declaration of renunciation unless—
(a) he or she is satisfied of the identity and place of residence of the applicant; and
(b) he or she has duly informed the person renouncing the citizenship of the implications of such renunciation.
- The Cabinet Secretary may withhold the registration of any declaration of renunciation made when Kenya is at war with another country.
- The Cabinet Secretary shall not register a declaration of renunciation if the Cabinet Secretary is satisfied that it would not be in the interests of Kenya to do so or if in his opinion the renunciation is likely to render the applicant stateless.
- Upon the registration of a declaration of renunciation made in accordance with this section, the person who made it shall cease to be a Kenya citizen.
- Any citizen who renounces his or her Kenya citizenship shall immediately surrender all documents identifying them as a citizen to the relevant Government agency.
- A Government agency that receives documents surrendered under subsection (6) shall acknowledge receipt of the documents, in writing.
Voluntary renunciation of citizenship of another country.
- 20. (1) A foreign national who applies for registration as a citizen of Kenya shall indicate in the application whether he or she intends to renounce the citizenship of the other country.
- If a foreign national who had indicated his intention to renounce the citizenship of the other country under subsection (1), shall, within ninety days after being registered as a citizen of Kenya, avail to the Cabinet Secretary evidence of renunciation of the citizenship of the other country.
- A person who does not avail the evidence of renunciation as required in subsection (2) shall be deemed to be a dual citizen.
- The Cabinet Secretary may refuse to register any such renunciation if it is made during any period of war in which Kenya may be engaged in with the country referred to in the application or if, in his opinion it is otherwise contrary to public policy.
Revocation of citizenship.
- 21. (1) The Cabinet Secretary may, where there is sufficient proof and on recommendation of the Citizenship Advisory Committee, revoke any citizenship acquired by registration on the grounds specified in Article 17 of the Constitution.
- The Cabinet Secretary shall by notice, in writing, inform any person whose citizenship is due for revocation of the intention to revoke his or her citizenship giving reasons for the intended revocation.
- The Cabinet Secretary shall give a person who has been given a notice under subsection (2) an opportunity to present the reasons why his or her citizenship should not be revoked.
- The Cabinet Secretary may after considering the presentations made under subsection (3) revoke the citizenship and cause the revocation to be entered into the register for revocation of citizenship.
- The Cabinet Secretary shall within fourteen days of revocation notify the person of the decision to revoke his or her citizenship giving the reasons for the revocation.
- A person who is aggrieved by the decision of the Cabinet Secretary’s to revoke his citizenship may within thirty days after receipt of communication on the revocation appeal to the High Court.
- Where an appeal has been filed under subsection (6), the person who has appealed shall be deemed to be lawfully present in Kenya until the appeal is determined.
- Where an appeal to the High Court is not allowed,the person may appeal to the Court of Appeal and the Supreme Court and such person may not be removed from Kenya until he has exhausted all the avenues of appeal.
- A person whose citizenship is revoked by the Cabinet Secretary shall cease to be a citizen of Kenya on the date of the revocation or in any case upon exhaustion of appeal.
- The documents of identification that had been previously issued to a person whose citizenship has been revoked shall become invalid on the date of revocation and the holder shall surrender them immediately after the revocation of citizenship is communicated.
- A person who does not surrender the documents of identification commits an offence.
- The renunciation by any person of his or her Kenyan citizenship or the revocation of citizenship shall not relieve that person from his personal obligations or any liability that had accrued before such renunciation or revocation of his or her citizenship.
PART IV―RIGHTS AND DUTIES OF CITIZENS
Rights of citizens.
- (1) Every citizen is entitled to the rights, privileges and benefits and is subject to the limitations provided for or permitted by the Constitution or any other written law including—
(a) the right to enter, exit, remain in and reside anywhere in Kenya;
(b) the right to be registered as a voter without unlawful restriction;
(c) the right to participate in free, fair and regular elections based on universal suffrage and subject to the Constitution, to vote and vie for—
- any elective body or office established under the Constitution;
- any office of any political party of which the citizen is a member;
- vote in any referendum;
(d) the right to own land and other property in any part of the country, in accordance with the law;
(e) the right to be appointed to a public office subject to the Constitution and other relevant laws;
(f) if the person is a citizen by birth and does not owe allegiance to any other state, the right to vie for any elective office as President or Deputy President subject Article 78 and 137 of the Constitution; and
(g) the entitlement to any document of registration or identification issued by the State to citizens including—
- a birth certificate;
- a certificate of registration
- a passport;
- a national identification card; and
- a voter’s card, where applicable.
How you can be deported from Kenya
Deportation is only applicable to foreign nationals and permanent residents as provided in section 49. Having acquired citizenship by birth regardless of whether one’s parents were married at the time or not or whether one was born in or outside Kenya, a Kenyan citizen cannot be deported.
Under section 22 of the above Act, there are various rights that accrue to a Kenyan citizen which would be unlawful to infringe. These include:
(a) right to enter, exit, remain in and reside anywhere in Kenya;
(b) rightto be registered as a voter without unlawful restriction;
(c) right to participate in free, fair and regular elections based on universal suffrage and subject to the Constitution, to vote and vie for—
(i) any elective body or office established under the Constitution;
(ii) any office of any political party of which the citizen is a member;
(iii) vote in any referendum;
(d) right to own land and other property in any part of the country, in accordance with the law;
(e) right to be appointed to a public office subject to the Constitution and other relevant laws.
