Dual Citizenship in Kenya: Requirements and How to Regain Your Citizenship

Kenyan citizenship is highly coveted for its numerous benefits, including the right to live, work, and own property in Kenya without restrictions. Kenya, under the Constitution of Kenya (2010) and the Kenya Citizenship and Immigration Act (2011), allows its citizens to hold dual citizenship. This provision enables Kenyans to acquire citizenship in another country without forfeiting their Kenyan nationality. Dual citizenship means holding the citizenship of two countries simultaneously. In Kenya, this is legally recognized and protected under the law.

However, some individuals may lose their Kenyan citizenship for various reasons, such as acquiring another nationality before Kenya adopted dual citizenship under the 2010 Constitution. Fortunately, the law allows former Kenyan citizens to regain citizenship through a well-defined legal process. This article provides a comprehensive guide on the process, requirements, and costs involved in regaining Kenyan citizenship, ensuring eligible individuals can navigate the process efficiently and reclaim their identity.

Understanding the Legal Framework

The Kenyan Constitution of 2010 (Chapter 3 on Citizenship) and the Kenya Citizenship and Immigration Act of 2011 provide the basis for regaining Kenyan citizenship. Key highlights include:

  • Dual citizenship is recognized.
  • Former Kenyan citizens who lost their citizenship due to acquiring another nationality are eligible to apply for its reinstatement.

Eligibility for Regaining Kenyan Citizenship

To be eligible to regain Kenyan citizenship, you must meet the following criteria:

  • You must have been a Kenyan citizen by birth.
  • You must have lost your Kenyan citizenship by acquiring citizenship in another country before the inauguration of the 2010 Kenyan constitution.
  • You must not have been convicted of a serious crime in Kenya or any other country.

The Process of Regaining Citizenship

The process of regaining Kenyan citizenship involves the following steps:

Read also: Ghana Travel Requirements

  1. Create an Account: Visit the Government of Kenya Single Sign-On portal and create an account.
  2. Log In: Log in to the eFNS portal using your new account.
  3. Submit Application: Select the “Apply now” link and choose the “Regaining” tab. Complete the online application form and print it out.
  4. Payment: After submitting your application, an invoice will be generated. Pay the required fee online or print the application form and pay at the Immigration Counter at Nyayo House, Nairobi.
  5. Submit Documents: Present your application along with all required documents at the Immigration Counter at Nyayo House or at Kenyan missions abroad.

KENYA'S DUAL CITIZENSHIP CLARIFIED

Required Documents

You must provide the following documents when applying:

  • Printed online application form.
  • Two passport-size photographs.
  • Copy of Kenyan ID.
  • Copy of Kenyan passport.
  • Copy of the other country’s passport.
  • Copy of the other country’s citizenship certificate.
  • Copy of the Police Clearance Certificate.
  • Copy of the Checklist (available for download on the eFNS portal).

Costs Involved

The application fee for regaining Kenyan citizenship is Kshs. 20,000. However, recent updates indicate that this fee has been increased to Kshs. 50,000.

Additional Considerations

When seeking to regain Kenyan citizenship, there are several additional considerations to keep in mind:

  • Dual Citizenship: If you plan to retain your foreign citizenship, you must notify the Kenyan Immigration Department and obtain a Dual Citizenship Certificate. This is mandatory and ensures that your dual nationality is recognized legally.
  • Legal and Financial Obligations: Be aware of any legal and financial obligations in both Kenya and the other country of your citizenship. This includes tax liabilities, military service requirements, and other civic duties.
  • Document Verification: Ensure all your documents are accurate and up-to-date. Incomplete or incorrect documentation can delay the application process. This includes obtaining a Police Clearance Certificate and ensuring your birth certificate, ID, and passport are valid.
  • Application Timeline: The process of regaining citizenship can take several months. Plan accordingly, especially if you have time-sensitive commitments or travel plans.
  • Legal Assistance: Consider seeking legal advice or assistance from professionals who specialize in immigration law. They can help navigate complex legal requirements and ensure your application is complete and accurate.
  • Impact on Family Members: If you have dependents, consider how regaining Kenyan citizenship will affect them. This includes their eligibility for citizenship, residency status, and access to services in Kenya.
  • Civic Participation: Once you regain your citizenship, you will have the right to vote and participate in political activities. Stay informed about your civic responsibilities and opportunities to engage in the community.
  • Healthcare and Education: Regaining citizenship provides access to Kenya’s healthcare and education systems. Familiarize yourself with the services available and any requirements for accessing them.

Dual Citizenship: Tax Implications

Now, anyone with dual citizenship is liable to the laws of Kenya and the second country. In turn, the new citizenship status may expose you to double taxation. Indeed, the income of a Kenyan living abroad may or may not be subject to tax in Kenya depending on their country of residence, nature, and source of income. And, if it is determined that you were a tax resident in Kenya for that particular year (even for a day), the employment income you earn globally becomes subject to tax in Kenya.

Dual Citizenship: Restrictions

Second, Article 78 and 137 of the Kenya Constitution prohibits a state officer or a member of defense forces from having dual citizenship. In turn, any Kenyan with dual citizenship cannot hold a public office (in Kenya or be appointed to represent the country abroad by working at Kenya missions abroad) or vie for any elective office in the country. That way, the law avoids instances where this state officer has to choose between paying allegiance to Kenya or another foreign country.

Read also: Understanding Dual Nationality (Uganda)

Dual Citizenship: Key Considerations

Anyone interested in applying for dual citizenship in Kenya must be at least eighteen years old and above. And, if a foreigner legally adopts children of Kenyan citizens, the children cannot apply for dual citizenship to add the citizenship of their adoptive parents until the adoptive parents also finalize their dual citizenship application.

Even after making an online application for your dual citizenship, you must appear in person at the immigration offices in Kenya or Kenya missions abroad for digital photo and biometrics capture. Hence, present the filled dual citizenship application printout to the immigration department offices near you or the Kenya missions abroad.

Summary of Key Considerations for Dual Citizenship in Kenya

The table below highlights key considerations that may impact your eligibility, application process, tax obligations, passport and travel requirements, and family and inheritance implications.

Consideration Details
Eligibility Must be at least 21 years old and have been a Kenyan citizen for at least 7 years, meeting specific residency and domicile requirements.
Passport and Travel As a dual citizen, you are entitled to hold multiple passports, but you must comply with all applicable immigration laws and regulations in Kenya.
Tax Implications Holding dual citizenship can have significant tax implications. Seek professional advice to ensure compliance with all applicable tax laws and regulations in Kenya.
Family and Inheritance As a Kenyan citizen, you can pass on your citizenship to your children, but specific requirements and procedures depend on your marital status and the citizenship status of your spouse.

Seeking professional advice from a qualified lawyer can provide you with personalized guidance and help you navigate the intricacies of dual citizenship in Kenya.

Read also: Guide to Ethiopian Dual Nationality

Popular articles:

tags: #Kenya