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Dual Citizenship In the New Draft Constitution

Posted by Administrator on November 17, 2009

One of the long awaited constitutional changes was availed today…

Dual citizenship

21. (1) A person who is a citizen does not lose citizenship by reason only of acquiring the citizenship of
another country.
(2) A person who as a result of acquiring the citizenship of another country ceased to be a Kenyan
citizen is entitled, on application, to regain Kenyan citizenship.
(3) Parliament shall enact legislation providing for conditions upon which citizenship may be granted to
individuals, other than individuals referred to in clauses (1) and (2), who are citizens of other
Deprivation of citizenship
22. A person may be deprived of citizenship only if the person acquired citizenship by means
of fraud, false representation or concealment of any material fact.
2 3 . (1) The following persons may enter and reside in Kenya if they comply with the
conditions prescribed by or under an Act of Parliament governing entry and
(a) a former citizen;
(b) a foreign wife or widow or foreign husband or widower of a citizen; and
(c) a child of a citizen.
(2) Parliament may enact legislation governing the entry into and residence in Kenya of
other categories of persons and providing for the status of permanent residents.
Responsibilities of a citizen
24. (1) All citizens have the responsibility to—
(a) acquire a basic understanding of the provisions of this Constitution and
promote its ideals and objectives;
(b) respect, uphold and defend this Constitution and the law;
(c) promote democracy, good governance and the rule of law;
18 Harmonized Draft Constitution of Kenya
(d) vote in elections and referenda;
(e) strive to foster national unity and live in harmony with others;
(f) co-operate with law enforcement agencies for the maintenance of law and
(g) pay all due taxes;
(h) not to engage in corruption;
(i) engage in work for the common good and contribute to national
(j) develop their abilities through acquisition of knowledge, continuous
learning and the development of skills;
(k) contribute to the welfare and advancement of the community where they
(l) promote family life and welfare and act responsibly in the context of the
(m) protect and safeguard public property from waste and misuse;
(n) protect the environment and conserve natural resources; and
(o) understand and enhance the Republic’s place in the international
(2) The responsibilities set out in clause (1) apply equally, where appropriate, to noncitizens.
Legislation on citizenship
25. Parliament shall enact legislation—
(a) prescribing procedures by which a person may become a citizen;
(b) providing for voluntary renunciation of citizenship;
(c) prescribing procedures for deprivation of citizenship; and
(d) generally giving effect to the provisions of this Chapter.


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