Article 78. Citizenship and leadership
Official Constitutional Text
78. (1) A person is not eligible for election or appointment to a State office unless the person is a citizen of Kenya.
(2) A State officer or a member of the defence forces shall not hold dual citizenship.
(3) Clauses (1) and (2) do not apply to—
(a) judges and members of commissions; or
(b) any person who has been made a citizen of another country by operation of that country’s law, without ability to opt out.
Plain English Explanation
This is a simplified summary to explain this article in clear language. It is not the legal text of the Constitution.
Article 78 of the Kenyan Constitution sets out the citizenship requirements for holding public leadership positions. It states that an individual must be a Kenyan citizen to be elected or appointed to any state office. It strictly prohibits state officers and members of the Kenya Defence Forces from holding dual citizenship, meaning they cannot hold another country's citizenship while serving in these capacities. However, the article provides specific exceptions to these rules, allowing judges and members of independent constitutional commissions to hold dual citizenship, and exempting individuals who automatically received citizenship of another country by law without any legal option to opt out.