What Is Citizenship in Kenya?
Citizenship in Kenya is the legal status that confers upon an individual full membership in the Kenyan state, together with constitutional rights, protections, and obligations. A Kenyan citizen enjoys rights such as the right to reside anywhere in Kenya, to vote, to own property of any nature, to obtain a Kenyan passport, and to receive diplomatic protection abroad.
What Is the Legal Framework Governing Citizenship in Kenya?
Citizenship in Kenya is governed by the following primary laws:
- The Constitution of Kenya, 2010 (Chapter Three – Citizenship)
- The Kenya Citizenship and Immigration Act, No. 12 of 2011
- The Kenya Citizenship and Immigration Regulations, 2012
These laws define who a citizen is, how citizenship may be acquired, registered, or lost, and the procedures for registration and documentation applicable to each category.
Who Is a Citizen of Kenya Under Kenyan Law?
Under Article 13 of the Constitution, a person may be a Kenyan citizen by:
- Birth
- Registration
- Naturalisation
Kenya also recognizes dual citizenship, meaning a Kenyan citizen may lawfully hold another nationality without renouncing Kenyan citizenship.
What is citizenship by birth in Kenya?
Under Article 14(1) of the Constitution, a person is a citizen of Kenya by birth if, on the day of their birth, whether in or outside Kenya, at least one parent (mother or father) is a Kenyan citizen. This rule applies equally to people born before the Constitution took effect, provided either parent is or was a Kenyan citizen.
A child who appears to be less than eight years old, found in Kenya and whose nationality and parents are unknown, is presumed to be a Kenyan citizen by birth.
A Kenyan citizen by birth who lost citizenship due to acquiring another citizenship is entitled, on application, to have their Kenyan citizenship re-registered.
What Are the Classes of Citizenship by Registration?
Citizenship by registration applies to persons who are not citizens by birth but qualify under the law. The following classes of persons are eligible to apply:
- Spouses of Kenyan Citizens: Foreign nationals married to a Kenyan for at least seven years.
- Widows/Widowers: Foreign nationals who were married to a Kenyan for at least seven years before the Kenyan spouse’s death.
- Lawful Residents: Foreign nationals who have lawfully resided in Kenya (with a valid work permit/residence) for at least seven years.
- Children/Adoptees: A child who is not a citizen but is adopted by a Kenyan citizen, or a child of a citizen who acquired citizenship by registration.
- Stateless Persons & Migrants: Specific provisions exist for stateless persons and migrants who have continuously resided in Kenya since December 12, 1963.
Who qualifies to apply for registration as a citizen of Kenya by a spouse of a Kenyan citizen?
Section 11 of the Kenya Citizenship and Immigration Act, 2011 provides that 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
- the marriage was solemnized under a system of law recognized in Kenya, whether solemnized in Kenya or outside Kenya;
- the applicant has not been declared a prohibited immigrant under this Act or any other law;
- the applicant has not been convicted of an offence and sentenced to imprisonment for a term of three years or longer;
- the marriage was not entered into for the purpose of acquiring a status or privilege in relation to immigration or citizenship; and
- the marriage was subsisting at the time of the application.
What are the requirements for applying for Kenyan Citizenship by a spouse of a Kenyan Citizen?
- A printed online application form 8 (Print the form after completing your application)
- 2 passport-size photographs
- Copy of marriage certificate
- Certificate of good conduct
- A joint sworn affidavit
- Copy of dependants’ pass/permit
- Copy of applicant’s passport
- Copy of spouse’s Kenyan passport
- Questionnaire for intending applicants (Print the questionnaire after completing your application)
- Applicants must ensure that they are lawfully present in the country as they wait for the application to be finalized
- Copy of the Police Clearance Certificate
What are the Fees for applying for citizenship for the spouse of a Kenyan citizen?
| Category | Processing Fee (Non-Refundable) | Issuance Fee (Payable Upon approval) |
| Citizenship by Marriage | Kshs 20,000 | Kshs 100,000 |
| Citizenship by Marriage (EAC) | Kshs 20,000 | Kshs 100,000 |
Who qualifies to apply for registration as a citizen of Kenya by a widow/widower of a Kenyan citizen?
Section 12(1) of the Kenya Citizenship and Immigration Act, 2011 provides for:
- 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 years.
- The conditions for registration provided in section 11 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.
What are the requirements for applying for Kenyan Citizenship by a widow/widower of a Kenyan citizen?
- A printed online application form 9 (Print the form after completing your application)
- 2 passport-size photographs
- Copy of marriage certificate
- Copy of the death certificate of the spouse
- Certificate of good conduct
- A sworn affidavit
- Copy of dependants’ pass/permit
- Copy of applicant’s passport
- Applicants must ensure that they are lawfully present in the country as they wait for their application to be finalized
- Copy of the Police Clearance Certificate
What are the fees for applying for Registration of Citizenship by a widow/widower of a Kenyan citizen?
| Processing fees | Kshs 20,000 Non-Refundable |
| Issuance Fees (Payable upon approval) | Kshs 50,000 |
Who qualifies to apply for citizenship as a lawful resident in Kenya?
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;
- has been ordinarily resident in Kenya for a period of seven years, immediately preceding the date of application;
- 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);
- has resided in Kenya throughout the period of twelve months immediately preceding the date of the application;
- has an adequate knowledge of Kenya and of the duties and rights of citizens as contained in this act;
- can understand and speak Kiswahili or a local dialect;
- understands the nature of the application under subsection (1);
- has not been convicted of an offence and sentenced to imprisonment for a term of three years or longer;
- satisfies the Cabinet Secretary that he or she intends to reside in Kenya after registration;
- has been determined, through an objective criterion, 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
- is not an adjudged bankrupt
What are the requirements for applying for Kenyan Citizenship by Lawful Residents?
- A printed online application form 10 (Print the form after completing your application)
- 2 passport-size photographs
- Questionnaire (Print the questionnaire after completing your application)
- Permit held for the last 7 years
- Certificate of good conduct
- Letter of proof of contribution made to national development
- Personal bank statement
- Applicant’s passport copy
- Declaration Concerning Residence (Form N)
- Oath of allegiance
- Application Letter
- Applicants must ensure that they are lawfully present in the country as they wait for the application to be finalized
What are the fees for the application for Citizenship by Lawful Residents?
| Processing fees | Kshs 20,000 Non-Refundable |
| Issuance Fees (Payable upon approval) | Kshs 1,000,000 |
Who qualifies to apply for registration as a Kenyan citizen for a child?
Section 13(3) of the Kenya Citizenship and Immigration Act, 2011 provides:
- 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;
- Production of documents conferring Kenyan Citizenship to any of the parents;
- Production of the child’s birth certificate; and
- Proof of lawful residence of the child in Kenya.
Section 14 of the Kenya Citizenship and Immigration Act, 2011 provides:
- 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;
- the production of proof of the Kenyan citizenship of the adopting parent;
- the production of a valid adoption certificate issued in a reciprocating state or other jurisdiction whose orders or decrees are recognized in Kenya; and
- proof of lawful residence of the child in Kenya.
What are the requirements to apply for registration as a Kenyan citizen for a child?
- A printed online application form 11 (Print the form after completing your application)
- 2 passport-size photographs
- Copy of birth certificate or local adoption certificate
- Copy of parents’ Kenyan passports and Certificate of Registration
- Copy of dependants’ pass
- Copy of parents’ identity card
- Copy of applicant’s passport
- Certificate of good conduct for children 18 years and above
- Applicants must ensure that they are lawfully present in the country as they wait for their application to be finalized
- Copy of the Police Clearance Certificate
What are the fees for a child’s Citizenship application as a Kenyan citizen?
| Processing fees | Kshs 20,000 Non-Refundable |
| Issuance Fees (Payable upon approval) | Kshs 100,000 |
What is the procedure for applying for Kenyan citizenship?
While details vary by category, the broad procedure is as follows:
Step-by-Step Procedure:
- Online Application: Create an account on the eFNS portal. Select the relevant form (e.g., Form 8 for Spouses, Form 10 for Lawful Residents).
- Document Upload: Upload scanned copies of required documents (Marriage certificate, Permits, Good Conduct Certificate, Passport biodata, etc.).
- Payment (Processing Fee): Pay the non-refundable processing fee (usually KES 20,000) via the available government payment channels.
- Physical Submission: Print the application form and submit it alongside original documents and two passport photos to the Department of Immigration Services (Nyayo House, Nairobi) for verification.
- Interview & Vetting: The National Intelligence Service (NIS) and Immigration officers will vet the applicant. This may include interviews to test language proficiency and knowledge of Kenya.
- Approval & Oath: Upon approval, the applicant receives a notification to pay the Issuance Fee. Once paid, they take the Oath of Allegiance and are issued a Certificate of Registration.
- Application for a Kenyan ID and a Kenyan passport.
Can former Kenyan citizens regain citizenship?
Yes. A person who is a Kenyan citizen by birth and who ceased to be Kenyan due to acquiring another citizenship before the 2010 Constitution is entitled, on application, to regain citizenship. The Act provides for registration upon proof of Kenyan origin, prior citizenship, and compliance with the prescribed formalities and payment of the prescribed fees.
Is Dual Citizenship allowed in Kenya?
Yes. Article 16 of the Constitution allows Kenyan citizens to hold citizenship of another country.
- Requirement: You must disclose your other citizenship within three months of acquiring it.
- Offence: Failure to disclose dual citizenship is a criminal offence punishable by a fine or imprisonment.
- Restriction: Dual citizens cannot hold certain State Offices (e.g., President, Cabinet Secretary, High Court Judge) unless they are citizens by birth and cannot renounce the other citizenship (e.g., if the other country does not allow renunciation).
Can Kenyan Citizenship Be Lost or Revoked?
Citizenship by birth cannot be revoked.
Citizenship by registration or naturalization may be revoked if it was:
- Acquired through fraud, false representation, or concealment of material facts; or
- Obtained by a person who later engages in espionage or a serious crime prejudicial to national security.
- Obtained by a person who is later convicted of an offence against national security.
How long does the Kenyan citizenship process take?
Timelines vary widely depending on category, completeness of documentation, background checks and administrative workload. In practice, applications by marriage or lawful residence may take several months or longer due to vetting, committee processes, and security clearance, while straightforward child or re‑acquisition applications may be processed more quickly if documents are in order.
How Can Njaga & Co. Advocates LLP Assist with Citizenship and Immigration Services?
At Njaga & Co. Advocates LLP’s Immigration Law, we provide comprehensive, client‑focused legal support for individuals and families navigating Kenyan citizenship and immigration processes.
A. Citizenship Services
- Advisory on eligibility for citizenship by birth or registration
- Preparation and submission of citizenship applications
- Assistance with dual citizenship declarations
- Support for regaining Kenyan citizenship
- Legal representation in appeals, delays, or rejections
B. Immigration Law Services
- Work permit and residency applications
- Special passes and dependent passes
- Permanent residency advisory
- Compliance audits for expatriates and employers
- Legal support for stateless persons and migrants
Why Choose Njaga & Co. Advocates LLP?
- Deep expertise in Kenyan immigration and citizenship law
- Strategic guidance for diaspora clients, investors, expatriates, and families
- Efficient handling of documentation and government processes
- Clear, accessible communication tailored to client needs
- Commitment to confidentiality, accuracy, and timely results
Conclusion
Kenyan citizenship is a constitutional right for some and a regulated privilege for others. Understanding the correct category, legal framework, and procedure is essential to a successful application. With the increasing number of diaspora claims, cross-border marriages, and global mobility, professional legal support is no longer optional, it is essential.
For tailored advice and representation on Kenyan citizenship and immigration law, Njaga & Co. Advocates LLP stands ready to assist.
Disclaimer: This article provides general information and does not substitute legal advice on specific circumstances of any individual or organization. While the information is accurate as of the date published, we cannot guarantee it remains accurate at the time you read it or that it will stay current. Before acting on any of this information, please seek professional legal advice tailored to your situation.
