ADVOKS GLOBAL · KENYA
Kenya Citizenship and Immigration Act
9. Citizenship by Presumption for foundlings
Edition: 2022-12-31 · In force
9. Citizenship by Presumption for foundlings
(1)Any person who finds a child who is or appears to be less than eight years of age, and whose nationality and parents are not known shall present the child to the Government department dealing with matters relating to children and where there is no such department, present the child to the nearest Government department or agency.(2)Where a child is received by a Government department or agency that is not responsible for matters relating to children, the department or agency shall immediately report and present the child to the Government department responsible for matters relating to children.(3)The Government department responsible for matters relating to children shall undertake the necessary investigations including, subject to the rights of the child under any written law, the use of media to determine origin of the child.(4)If the Government department responsible for matters relating to children fails to determine the origin and identity of the child in question, it shall present the child found to the Children’s Courts and take out proceedings for the determination of the age, nationality, residence and the parentage of the child.(5)The court shall after determining the adequacy of the efforts undertaken by the Government department responsible for matters relating to children, issue an order directing that such a child be presumed to be a citizen by birth or any other order that it deems fit to grant.(6)Where the court makes an order that the child be presumed to be a citizen by birth, it may direct the Director to register the child in the register of children presumed citizen by birth.(7)Any person who brings into Kenya, conspires, assists or facilitates the abandoning of a child with the intention of conferring citizenship on the child commits an offence and is liable, on conviction, to a fine not exceeding ten million shillings or imprisonment for a term not exceeding ten years or to both.