Dual citizenship in Kenya: who qualifies, what changes

Who qualifies for dual citizenship in Kenya

The Constitution says that a citizen by birth does not lose Kenyan citizenship by acquiring the citizenship of another country. If you were born Kenyan and later became, say, British, American or Canadian, you remain Kenyan. You did not have to give anything up, and you do not need to "regain" your Kenyan citizenship.

Kenyans who lost their citizenship under the old rules, which did not allow dual citizenship, can apply to regain it. That is a separate process from the declaration, and it needs evidence of the citizenship you had before.

Children born abroad to a Kenyan parent are generally Kenyan by birth, even if they also hold the citizenship of the country they were born in. Registering their birth with the Kenyan mission and getting Kenyan documents for them makes this easier to prove later.

Citizenship by registration is different. People who became Kenyan by registration, for example through marriage or long residence, should check the rules that apply to them before taking another citizenship, because the protection the Constitution gives citizens by birth is not the same.

The declaration the law expects

A Kenyan who acquires another citizenship is expected to declare it to the Department of Immigration Services within a short period after acquiring it; the Kenya Citizenship and Immigration Act sets that period at three months. Many people never did, simply because nobody told them.

The declaration is not an application that can be refused because you took another citizenship. If you are a citizen by birth, your Kenyan citizenship stands. The declaration records the fact so that every office you deal with later sees the same picture.

Declaring late is far better than not declaring. The declaration puts your second citizenship on record, which avoids problems when you renew a Kenyan passport, apply for an ID or deal with land and inheritance at home.

If you hold more than one other citizenship, declare each of them. And if you later give up the other citizenship, it is sensible to inform the department too, so that your record stays accurate.

The declaration needs proof of both citizenships: your Kenyan ID or passport, or your birth certificate if you never had either, and the passport or naturalisation certificate of the other country. Copies must be clear and details must match. Our dual citizenship declaration service prepares and submits it on eCitizen for you.

What changes for land, jobs and travel

Land is the question most diaspora Kenyans ask about. The Constitution limits non-citizens to leasehold interests of up to ninety-nine years. A dual citizen is still a citizen, so the limit for non-citizens does not apply to you as long as your Kenyan citizenship is clear on record. This is one of the most practical reasons to declare: when you buy, inherit or transfer land, being able to prove citizenship avoids delays and disputes.

Jobs are the main area where dual citizenship limits you. Most state officers, such as members of parliament, cabinet secretaries, judges and many senior public officers, may not hold dual citizenship, with limited exceptions. Anyone appointed to such an office must give up the other citizenship. For ordinary employment, private or public, dual citizenship is not a bar.

Elections are another practical point. As a citizen you keep the right to vote in Kenya, including from some locations abroad where voting is arranged, so keep your voter registration details current if you want to use it. Banking, investment and tax are also affected in ways people forget. Kenyan banks may ask for documents from both countries, and some foreign tax authorities require their citizens to report accounts held abroad. Taking advice on tax in both countries is wise if you hold significant assets in Kenya.

For travel, use your Kenyan passport when entering and leaving Kenya, and the other passport for the other country. Airlines check that you have the right to enter your destination, so carrying both when you travel between the two countries avoids problems at check-in. Keep your Kenyan passport valid; our guide to Kenyan passport types explains renewal.

Keeping your records consistent

Dual citizenship is a status, not a privilege that can be withdrawn at will. As long as your Kenyan citizenship is by birth and properly recorded, holding a second one does not weaken it.

Most problems for dual citizens come from records that do not agree. A name spelled one way on the foreign passport and another on the Kenyan ID, a different date of birth, or a married name used in one country and not the other all raise questions at immigration and land registries.

Before declaring, gather your documents and check that names, dates and places of birth match. Where they differ, have the evidence that explains why, such as a marriage certificate or a deed poll. It is easier to explain a difference once, in the declaration, than every time you deal with a government office.

Children are a common blind spot. A Kenyan parent with a child born abroad should register the birth with the Kenyan mission and keep the child's Kenyan documents up to date. Leaving it until the child is an adult makes proving their Kenyan citizenship much harder.

Keep copies of the declaration and its acknowledgement with your important papers. You will want them when you renew your Kenyan passport, apply for documents for your children, or deal with property at home.

Common questions