Kenya's dual citizenship law remains a trap for the unwary

[Photo: Courtesy]

How does the law and its application regarding citizenship, especially dual citizenship protect Kenyans who acquired other citizenship before 2010? Based on the constitution standard, should we assume that dual citizens automatically regain citizenship? There are two schools of thought. One based on Article 16 of the Constitution that simply states that a citizen by birth does not lose citizenship by acquiring the citizenship of another country.

The second opinion is based on Article 14 of the Constitution, which appears more relevant on the issue of regaining citizenship for those who were foreign citizens before the 2010 Constitution. As confirmed by the ruling by Justice Isaac Lenaola in Chandra case in 2014. Lenaola agreed with the State that under provisions of Section 97 of the former Constitution, the applicant needed to have first renounced their British citizenship in order to regain the Kenya citizenship.