Constitution of Kenya, 2010
(2) A passport or other document referred to in clause (1) (b) may
be denied, suspended or confiscated only in accordance with an Act of
Parliament that satisfies the criteria referred to in Article 24.
Retention and acquisition of citizenship.
13. (1) Every person who was a citizen immediately before the
effective date retains the same citizenship status as of that date.
(2) Citizenship may be acquired by birth or registration.
(3) Citizenship is not lost through marriage or the dissolution of
marriage.
Citizenship by birth.
14. (1) A person is a citizen by birth if on the day of the person’s
birth, whether or not the person is born in Kenya, either the mother or
father of the person is a citizen.
(2) Clause (1) applies equally to a person born before the
effective date, whether or not the person was born in Kenya, if either
the mother or father of the person is or was a citizen.
(3) Parliament may enact legislation limiting the effect of clauses
(1) and (2) on the descendents of Kenyan citizens who are born
outside Kenya.
(4) A child found in Kenya who is, or appears to be, less than
eight years of age, and whose nationality and parents are not known,
is presumed to be a citizen by birth.
(5) A person who is a Kenyan citizen by birth and who, on the
effective date, has ceased to be a Kenyan citizen because the person
acquired citizenship of another country, is entitled on application to
regain Kenyan citizenship.
Citizenship by registration.
15. (1) A person who has been married to a citizen for a period of
at least seven years is entitled on application to be registered as a
citizen.
(2) 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.
(3) A child who is not a citizen, but is adopted by a citizen, is
entitled on application to be registered as a citizen.
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