Articles

Options Available for Ex-Kenyan Citizens Who Domicile in Countries That Prohibit Dual Citizenship

The decision to renounce Kenyan citizenship, often necessitated by the acquisition of citizenship in a country that prohibits dual citizenship, can have profound implications for individuals. For many ex-Kenyan citizens, this choice is driven by the need to comply with the legal frameworks of their new country of domicile, such as Germany, Austria, or Japan, which do not permit holding multiple nationalities. However, renouncing Kenyan citizenship does not sever emotional, cultural, or practical ties to Kenya. Fortunately, the Kenyan Constitution of 2010 and subsequent legal provisions offer pathways for ex-citizens to reconnect with their homeland, either by regaining citizenship or securing alternative legal statuses. This article explores the options available to ex-Kenyan citizens domiciled in countries that prohibit dual citizenship, addressing the legal, practical, and procedural aspects of their choices.

Under Section 19 of the Kenya Citizenship and Immigration Act, 2011, a Kenyan citizen by birth who voluntarily acquires citizenship of another country that does not allow dual citizenship is deemed to have lost their Kenyan citizenship. This loss is not automatic for all Kenyans, as Kenya’s Constitution permits dual citizenship under Article 16, allowing citizens to hold citizenship of another country without losing their Kenyan status. However, for individuals domiciled in countries that strictly prohibit dual nationality, renunciation of Kenyan citizenship is often a prerequisite to naturalizing in their new country of residence.

Renunciation involves a formal process, including submitting a declaration of renunciation to Kenyan authorities, typically through a Kenyan embassy or consulate. Once processed, the individual’s name is entered into the Register of Renunciation, and their Kenyan passport and national identity card become invalid. This irreversible step can create challenges, such as restricted access to Kenya, limitations on property ownership, or difficulties in maintaining familial and economic ties. However, several options exist for ex-Kenyan citizens to mitigate these challenges and maintain a connection with Kenya.

Options for Ex-Kenyan Citizens

The Kenyan legal framework provides multiple avenues for ex-citizens to either reclaim their citizenship or secure alternative statuses that facilitate their engagement with Kenya. Below are the primary options available:

1. Regaining Kenyan Citizenship

For ex-Kenyan citizens who renounced their citizenship voluntarily to comply with foreign laws, the Kenya Citizenship and Immigration Act, 2011, offers a pathway to regain citizenship under Section 10. This provision applies to individuals who were citizens by birth and lost their citizenship due to acquiring another nationality.

Eligibility Criteria:

  • The individual must have been a Kenyan citizen by birth.

  • The loss of citizenship must have resulted from acquiring citizenship of another country.

  • The applicant must be of sound mind and at least 18 years of age.

Application Process:

  • Submission of Application: The applicant must submit a duly completed Form 5 (Application for Registration as a Citizen of Kenya by a Person Who Renounced Citizenship) to the Department of Immigration Services or a Kenyan embassy/consulate.

  • Required Documents:

    • A certified copy of the certificate of renunciation.

    • Proof of current foreign citizenship (e.g., passport or naturalization certificate).

    • Two passport-size photographs.

    • A copy of the birth certificate or other evidence of Kenyan birth.

    • Payment of the prescribed fee (approximately KES 20,000, subject to change).

  • Processing Timeline: The processing time varies but typically takes several months, depending on the completeness of the application and verification processes.

  • Outcome: Upon approval, the applicant is issued a Certificate of Regained Citizenship and can apply for a Kenyan passport and national identity card.

Key Considerations:

  • Impact on Foreign Citizenship: Before applying to regain Kenyan citizenship, individuals must confirm whether their country of domicile permits dual citizenship or if regaining Kenyan citizenship would jeopardize their current nationality. For instance, countries like Germany may revoke citizenship if a person voluntarily acquires another nationality without prior approval.

  • Legal Advice: Consulting immigration experts in both Kenya and the country of domicile is critical to navigating potential conflicts of law.

2. Declaration as a Dual Citizen

For ex-Kenyan citizens who renounced their citizenship before the 2010 Constitution came into effect, there is an option to declare themselves as dual citizens under Section 8 of the Kenya Citizenship and Immigration Act, 2011. This applies to individuals who lost Kenyan citizenship due to laws in place before August 27, 2010, which prohibited dual citizenship.

Eligibility Criteria:

  • The individual must have been a Kenyan citizen by birth.

  • The loss of citizenship must have occurred due to acquiring another country’s citizenship before the 2010 Constitution.

Application Process:

  • Submission of Declaration: The applicant submits a declaration using Form 2 (Declaration of Dual Citizenship) to the Department of Immigration Services or a Kenyan mission abroad.

  • Required Documents:

    • Proof of Kenyan birth (e.g., birth certificate).

    • Evidence of foreign citizenship.

    • A certified copy of the renunciation certificate (if applicable).

    • Two passport-size photographs.

    • Payment of the applicable fee (approximately KES 5,000, subject to change).

  • Processing Timeline: The declaration is typically processed within a few months, after which the applicant is recognized as a dual citizen.

  • Outcome: Successful applicants receive confirmation of their dual citizenship status and can apply for Kenyan identity documents.

Key Considerations:

  • This option is only viable if the country of domicile now permits dual citizenship or if the individual is willing to relinquish their foreign citizenship.

  • The declaration does not automatically confer a Kenyan passport; additional applications are required.

3. Permanent Residency Status

For ex-Kenyan citizens who cannot regain citizenship due to foreign restrictions on dual nationality, applying for permanent residency in Kenya is a viable alternative. Permanent residency grants many rights similar to those of citizens, including the ability to live, work, and own property in Kenya without a visa.

Eligibility Criteria:

  • The applicant must have been a Kenyan citizen by birth or descent.

  • The loss of citizenship must have been voluntary to acquire another country’s citizenship.

  • The applicant must demonstrate a genuine connection to Kenya (e.g., family ties, property ownership, or frequent visits).

Application Process:

  • Submission of Application: The applicant submits Form 25 (Application for Permanent Residence) to the Department of Immigration Services.

  • Required Documents:

    • A certified copy of the renunciation certificate.

    • Proof of foreign citizenship.

    • Evidence of ties to Kenya (e.g., property deeds, family records).

    • Two passport-size photographs.

    • Payment of the prescribed fee (approximately KES 150,000, subject to change).

  • Processing Timeline: The process can take six months to a year, depending on the complexity of the case.

  • Outcome: Successful applicants receive a Permanent Residence Certificate, valid indefinitely unless revoked.

Key Considerations:

  • Permanent residents cannot vote or hold certain public offices but enjoy most other rights, including visa-free entry and exit.

  • This status is particularly appealing for those who wish to retire or invest in Kenya without reclaiming citizenship.

4. Visa Options for Frequent Visitors

For ex-Kenyan citizens who do not wish to regain citizenship or apply for permanent residency, Kenya offers various visa options to facilitate frequent visits. These include:

a. Single-Entry Visa

  • Purpose: Suitable for short visits (e.g., tourism, family visits, or business).

  • Validity: Typically valid for up to 90 days.

  • Cost: Approximately USD 50, payable online via Kenya’s eCitizen portal.

  • Process: Apply online, upload a passport copy, and provide travel details.

b. Multiple-Entry Visa

  • Purpose: Ideal for individuals with frequent business or family commitments in Kenya.

  • Validity: Valid for 6–12 months, allowing multiple entries.

  • Cost: Approximately USD 100–200, depending on duration.

  • Process: Apply through the eCitizen portal or a Kenyan embassy.

c. East African Tourist Visa

  • Purpose: Allows travel to Kenya, Uganda, and Rwanda for tourism.

  • Validity: 90 days, multiple entries within the three countries.

  • Cost: USD 100.

  • Process: Apply online or at a Kenyan embassy.

Key Considerations:

  • Visas do not confer long-term residency or property ownership rights.

  • Frequent visa applications can become cumbersome and costly for those with strong ties to Kenya.

5. Diaspora Services and Engagement

The Kenyan government recognizes the value of its diaspora, including ex-citizens, and has established mechanisms to foster engagement. The Ministry of Foreign Affairs and Diaspora Affairs offers services such as:

  • Diaspora Investment Opportunities: Ex-citizens can invest in Kenya’s economy through government-backed initiatives, such as treasury bonds or real estate.

  • Diaspora Remittance Channels: Formal banking and mobile money platforms facilitate remittances to support family or investments in Kenya.

  • Consular Services: Kenyan embassies provide assistance with documentation, such as birth certificate replacements or attestations.

Ex-citizens can also join diaspora associations in their country of domicile to stay connected with Kenyan communities and participate in cultural or economic initiatives.

Practical Challenges and Considerations

While the options above provide pathways for ex-Kenyan citizens, several challenges may arise:

  • Legal Conflicts: Navigating the citizenship laws of the country of domicile is critical. For example, regaining Kenyan citizenship without prior approval from a country like Austria could lead to loss of foreign citizenship.

  • Documentation: Obtaining historical records, such as birth certificates or renunciation certificates, can be time-consuming, especially if records are incomplete.

  • Costs: Application fees, travel to embassies, and legal consultations can add up, particularly for permanent residency applications.

  • Emotional and Cultural Ties: Ex-citizens may face identity challenges, as renunciation does not erase their connection to Kenya. Options like permanent residency or frequent visits can help maintain these ties.

Conclusion

Ex-Kenyan citizens domiciled in countries that prohibit dual citizenship have several options to maintain their connection with Kenya, ranging from regaining citizenship to securing permanent residency or utilizing visa schemes. Each pathway comes with its own eligibility criteria, processes, and implications, requiring careful consideration of both Kenyan and foreign legal frameworks. By exploring these options, ex-citizens can continue to engage with their homeland, whether through investment, family ties, or cultural participation.

For personalized guidance, contact us today at +254 716 708 104 or info@lawguide.co.ke for expert advice.