Chapter 3: CITIZENSHIP

Article 14. Citizenship by birth

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Official Constitutional Text

14. (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.

(2) Clause (1) applies equally to a person born before the effective date, whether or not the person was born in Kenya, if either the mother or father of the person is or was a citizen.

(3) Parliament may enact legislation limiting the effect of clauses (1) and (2) on the descendents of Kenyan citizens who are born outside Kenya.

(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.

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

Plain English Explanation

This is a simplified summary to explain this article in clear language. It is not the legal text of the Constitution.

Under Article 14, you are a Kenyan citizen by birth if either your mother or father was a Kenyan citizen at the time of your birth, regardless of whether you were born inside or outside Kenya or before the 2010 Constitution took effect. Children under eight years old found in Kenya with unknown parents or nationality are also legally presumed to be citizens by birth. Additionally, while Parliament can pass laws to limit how far citizenship passes to descendants born abroad, any Kenyan by birth who lost their citizenship by becoming a citizen of another country has a legal right to reclaim it upon application.