Please note that all South African Birth Certificates MUST be Authenticated by the Department of Home Affairs before being submitted to the Mission for processing any document.
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Kenya Citizenship - Legal Interpretation of Articles 14 (1), (2) & (5) of the Constitution
The Kenya Citizenship and Immigration Act which implements Chapter 3 of the Constitution commenced on 30th August 2011 effectively repealing the Kenya Citizenship Act Cap. 170, the Immigration Act Cap. 172 and the Aliens Restriction Act Cap.173 Laws of Kenya.
Following enquiries with regard to the legal interpretation specifically on the issues surrounding citizenship by birth, loss of citizenship and regaining citizenship it is clarified as follows:
A person born of a Kenyan parent, irrespective of the place of birth automatically becomes a citizen of Kenya by birth.
The Constitution confers automatic recognition to persons holding citizenship of other countries as citizens of Kenya by birth as long as they are able to prove parentage as afore stated - (National identification cards, Passports).
Kenya citizens by birth who wish to hold citizenship of other countries which do not allow dual citizenship may voluntarily renounce and would be entitled UPON APPLICATION to regain their Kenyans citizenship.
Kenya citizens by birth who ceased to be citizens of Kenya by voluntarily acquiring the citizenship of other countries and renouncing the citizenship of Kenya in accordance with the repealed Constitution may regain citizenship UPON APPLICATION in the prescribed manner.
The persons who enjoyed dual citizenship but who by virtue of the repealed Constitution renounced or lost their Kenyan citizenship upon attainment of the age of Twenty Three (23) years should automatically be deemed citizens by birth.
The necessary applications forms will be made available in due course for those who may have lost their citizenship status as stated above in order for them to fill and regain Kenya citizenship. Similarly, the forms for voluntary renunciation shall be made available in due course for those who may desire to have them.
Kenyan citizens who hold dual citizenship should be exempted from visa requirements irrespective of the passport held (Kenyan or otherwise).