ADVOKS GLOBAL · KENYA
Kenya Citizenship and Immigration Act
13. Lawful residence
Edition: 2022-12-31 · In force
13. Lawful residence
(1)A person who has attained the age of majority and capacity who has been lawfully resident in Kenya for a continuous period of at least seven years may on application be registered as a citizen if that person—(a)has been ordinarily resident in Kenya for a period of seven years, immediately preceding the date of application;(b)has been a resident under the authority of a valid permit or has been exempted by the Cabinet Secretary, in accordance with section 34(3)(h) and who is not enjoying the privileges and immunities under the Privileges and Immunities Act (Cap. 179);(c)has resided in Kenya throughout the period of twelve months immediately preceding the date of the application;(d)has an adequate knowledge of Kenya and of the duties and rights of citizens as contained in this Act;(e)is able to understand and speak Kiswahili or a local dialect;(f)understands the nature of the application under subsection (1);(g)has not been convicted of an offence and sentenced to imprisonment for a term of three years or longer;(h)satisfies the Cabinet Secretary that he or she intends to reside in Kenya after registration;(i)has been determined, through an objective criteria, and the justification made, in writing, that he or she has made or is capable of making a substantive contribution to the progress or advancement in any area of national development within Kenya; and(j)is not an adjudged bankrupt.(2)The Cabinet Secretary shall not register an applicant as a citizen of Kenya under this section if at the date of making the application applicant’s country of citizenship is at war with Kenya.(3)A child of a citizen by registration who was born before the parent acquired citizenship may on application by the parent or legal guardian be registered as a Kenya citizen upon—(a)production of documents conferring Kenyan citizenship to any of the parents;(b)production of the child’s birth certificate; and(c)proof of lawful residence of the child in Kenya.(4)A person who is a dependant of any biological parent or who is under the legal guardianship of a person who is a citizen of Kenya by registration shall, upon application made in the prescribed manner, be registered as a citizen upon—(a)production of documents conferring Kenyan citizenship to any of the parents or the legal guardian;(b)production of the child’s or the person with disability’s birth certificate; and(c)proof of lawful residence of the child or person with disability in Kenya.