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KenyaSimplified

Foreigners and visitors

Your rights while you are in Kenya.

In simple words

Entitlements of citizens

  • Every citizen is entitled to the rights, privileges and benefits of citizenship.
    Art. 12(1)(a)

    (a) the rights, privileges and benefits of citizenship, subject to the limits provided or permitted by this Constitution; and

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  • Every citizen is entitled to a Kenyan passport and identification documents.
    Art. 12(1)(b)

    (b) a Kenyan passport and any document of registration or identification issued by the State to citizens.

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Retention and acquisition of citizenship

  • Everyone who was a citizen before the effective date keeps that status.
    Art. 13(1)

    (1) Every person who was a citizen immediately before the effective date retains the same citizenship status as of that date.

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  • Citizenship may be acquired by birth or registration.
    Art. 13(2)

    (2) Citizenship may be acquired by birth or registration.

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  • Citizenship is not lost through marriage or the dissolution of marriage.
    Art. 13(3)

    (3) Citizenship is not lost through marriage or the dissolution of marriage.

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Citizenship by birth

  • You are a citizen by birth if, on the day you were born, either your mother or father was a citizen.
    Art. 14(1)

    (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.

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  • A child found in Kenya who is under eight years old and whose parents are unknown is presumed to be a citizen by birth.
    Art. 14(4)

    (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.

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  • A citizen by birth who lost citizenship after taking another country's citizenship can apply to regain it.
    Art. 14(5)

    (5) A person who is a Kenyan citizen by birth and who has ceased to be a Kenyan citizen because the person acquired citizenship of another country, is entitled on application to regain Kenyan citizenship.

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Citizenship by registration

  • A person married to a citizen for at least seven years may apply to be registered as a citizen.
    Art. 15(1)

    (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.

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  • A person lawfully resident in Kenya for at least seven continuous years may apply to be registered as a citizen.
    Art. 15(2)

    (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.

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  • A child who is not a citizen but is adopted by a citizen may apply to be registered as a citizen.
    Art. 15(3)

    (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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Dual citizenship

  • A citizen by birth does not lose Kenyan citizenship by acquiring another country's citizenship.
    Art. 16

    A citizen by birth does not lose citizenship by acquiring the citizenship of another country.

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Revocation of citizenship

  • Citizenship acquired by registration may be revoked if it was obtained by fraud or false representation.
    Art. 17(1)(a)

    (a) the person acquired the citizenship by fraud, false representation or concealment of any material fact;

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  • Citizenship presumed from being a found child may be revoked if the person's nationality or parentage becomes known and shows they are a citizen of another country.
    Art. 17(2)(b)

    (b) the nationality or parentage of the person becomes known, and reveals that the person was a citizen of another country; or

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Legislation on citizenship

  • Parliament must make laws about how a person becomes a citizen.
    Art. 18(a)

    Parliament shall enact legislation— (a) prescribing procedures by which a person may become a citizen; (b) governing entry into and residence in Kenya; (c) providing for the status of permanent residents; (d) providing for voluntary renunciation of citizenship; (e) prescribing procedures for revocation of citizenship; (f) prescribing the duties and rights of citizens; and (g) generally giving effect to the provisions of this Chapter.

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  • Parliament must make laws about entry into and residence in Kenya.
    Art. 18(b)

    Parliament shall enact legislation— (a) prescribing procedures by which a person may become a citizen; (b) governing entry into and residence in Kenya; (c) providing for the status of permanent residents; (d) providing for voluntary renunciation of citizenship; (e) prescribing procedures for revocation of citizenship; (f) prescribing the duties and rights of citizens; and (g) generally giving effect to the provisions of this Chapter.

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  • Parliament must make laws about renouncing citizenship voluntarily.
    Art. 18(d)

    Parliament shall enact legislation— (a) prescribing procedures by which a person may become a citizen; (b) governing entry into and residence in Kenya; (c) providing for the status of permanent residents; (d) providing for voluntary renunciation of citizenship; (e) prescribing procedures for revocation of citizenship; (f) prescribing the duties and rights of citizens; and (g) generally giving effect to the provisions of this Chapter.

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Access to information

  • You have the right to see information held by the government.
    Art. 35(1)(a)

    (a) information held by the State; and

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  • You can get information you need in order to use or protect your rights.
    Art. 35(1)(b)

    (b) information held by another person and required for the exercise or protection of any right or fundamental freedom.

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  • If something untrue is said about you, you can ask for it to be corrected or removed.
    Art. 35(2)

    (2) Every person has the right to the correction or deletion of untrue or misleading information that affects the person.

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  • The government must tell the public about important matters that affect the country.
    Art. 35(3)

    (3) The State shall publish and publicise any important information affecting the nation.

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Political rights

  • You are free to join or form a political party.
    Art. 38(1)(a)

    (a) to form, or participate in forming, a political party;

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  • Every citizen has the right to free and fair elections.
    Art. 38(2)

    (2) Every citizen has the right to free, fair and regular elections based on universal suffrage and the free expression of the will of the electors for— (a) any elective public body or office established under this Constitution; or (b) any office of any political party of which the citizen is a member.

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  • As an adult citizen, you can register to vote.
    Art. 38(3)(a)

    (a) to be registered as a voter;

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  • Your vote is by secret ballot.
    Art. 38(3)(b)

    (b) to vote by secret ballot in any election or referendum; and

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  • You can be a candidate for public office if you meet the requirements.
    Art. 38(3)(c)

    (c) to be a candidate for public office, or office within a political party of which the citizen is a member and, if elected, to hold office.

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Freedom of movement and residence

  • You can move around freely in Kenya.
    Art. 39(1)

    (1) Every person has the right to freedom of movement.

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  • You can leave Kenya if you want to.
    Art. 39(2)

    (2) Every person has the right to leave Kenya.

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  • As a citizen, you can enter, stay and live anywhere in Kenya.
    Art. 39(3)

    (3) Every citizen has the right to enter, remain in and reside anywhere in Kenya.

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Landholding by non-citizens

  • A person who is not a citizen may hold land on a lease only, for no more than 99 years.
    Art. 65(1)

    (1) A person who is not a citizen may hold land on the basis of leasehold tenure only, and any such lease, however granted, shall not exceed ninety-nine years.

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Citizenship and leadership

  • A person is not eligible for election or appointment to a State office unless they are a citizen of Kenya.
    Art. 78(1)

    (1) A person is not eligible for election or appointment to a State office unless the person is a citizen of Kenya.

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  • A State officer or a member of the defence forces must not hold dual citizenship.
    Art. 78(2)

    (2) A State officer or a member of the defence forces shall not hold dual citizenship.

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Registration as a voter

  • You qualify to register as a voter if you are an adult citizen, are not declared of unsound mind, and have not been convicted of an election offence in the last five years.
    Art. 83(1)

    (1) A person qualifies for registration as a voter at elections or referenda if the person— (a) is an adult citizen; (b) is not declared to be of unsound mind; and (c) has not been convicted of an election offence during the preceding five years.

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  • A citizen registers at only one registration centre.
    Art. 83(2)

    (2) A citizen who qualifies for registration as a voter shall be registered at only one registration centre.

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  • Registration arrangements must not deny an eligible citizen the right to vote or stand for election.
    Art. 83(3)

    (3) Administrative arrangements for the registration of voters and the conduct of elections shall be designed to facilitate, and shall not deny, an eligible citizen the right to vote or stand for election.

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Qualifications and disqualifications for election as member of Parliament

  • To be elected as a member of Parliament, a person must be registered as a voter and be nominated by a party or supported by enough registered voters as an independent.
    Art. 99(1)

    (1) Unless disqualified under clause (2), a person is eligible for election as a member of Parliament if the person— (a) is registered as a voter; (b) satisfies any educational, moral and ethical requirements prescribed by this Constitution or by an Act of Parliament; and (c) is nominated by a political party, or is an independent candidate who is supported— (i) in the case of election to the National Assembly, by at least one thousand registered voters in the constituency; or (ii) in the case of election to the Senate, by at least two thousand registered voters in the county.

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  • A person is disqualified if they are a State officer, of unsound mind, an undischarged bankrupt, or serving a sentence of at least six months.
    Art. 99(2)

    (2) A person is disqualified from being elected a member of Parliament if the person— (a) is a State officer or other public officer, other than a member of Parliament; (b) has, at any time within the five years immediately preceding the date of election, held office as a member of the Independent Electoral and Boundaries Commission; (c) has not been a citizen of Kenya for at least the ten years immediately preceding the date of election; (d) is a member of a county assembly; (e) is of unsound mind; (f) is an undischarged bankrupt; (g) is subject to a sentence of imprisonment of at least six months, as at the date of registration as a candidate, or at the date of election; or (h) is found, in accordance with any law, to have misused or abused a State office or public office or in any way to have contravened Chapter Six.

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Qualifications and disqualifications for election as President

  • To be nominated as a presidential candidate, a person must be a citizen by birth, qualified to be an MP, nominated by a party or as an independent, and supported by at least 2,000 voters from a majority of counties.
    Art. 137(1)

    (1) A person qualifies for nomination as a presidential candidate if the person— (a) is a citizen by birth; (b) is qualified to stand for election as a member of Parliament; (c) is nominated by a political party, or is an independent candidate; and (d) is nominated by not fewer than two thousand voters from each of a majority of the counties.

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Qualifications for election as member of county assembly

  • To be elected as a member of a county assembly, a person must be a registered voter, meet educational, moral and ethical requirements, and be nominated by a party or supported by at least 500 voters in the ward as an independent.
    Art. 193(1)

    (1) Unless disqualified under clause (2), a person is eligible for election as a member of a county assembly if the person— (a) is registered as a voter; (b) satisfies any educational, moral and ethical requirements prescribed by this Constitution or an Act of Parliament; and (c) is either— (i) nominated by a political party; or (ii) an independent candidate supported by at least five hundred registered voters in the ward concerned.

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  • A person is disqualified if they are a State officer, of unsound mind, an undischarged bankrupt, or serving a sentence of at least six months.
    Art. 193(2)

    (2) A person is disqualified from being elected a member of a county assembly if the person— (a) is a State officer or other public officer, other than a member of the county assembly; (b) has, at any time within the five years immediately before the date of election, held office as a member of the Independent Electoral and Boundaries Commission; (c) has not been a citizen of Kenya for at least the ten years immediately preceding the date of election; (d) is of unsound mind; (e) is an undischarged bankrupt; (f) is serving a sentence of imprisonment of at least six months; or (g) has been found, in accordance with any law, to have misused or abused a State office or public office or to have contravened Chapter Six.

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