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Kenyans in the Diaspora to hold Dual Citizenship


Officials of the Kenyan constitutional referundum announce results at the Bomas of Kenya in Nairobi, which served as
the National tallying Centre


By John Harrington Ndeta, Ajabu Africa News, posted August 11

NAIROBI, Kenya_The passage of the new constitution in the just concluded referendum had various goodies not just for Kenyans in the homeland, but also for those in the Diaspora. Among the biggest take aways for Kenyans living in Europe, US and other parts of the world is that they will not lose their Kenyan passports upon acquiring passports of their host country.

According to Chapter 3, Articles 16 of the New Constitution, a citizen by birth does not lose citizenship by acquiring the Citizenship of another country.

This implies that a person who is a citizen does not lose citizenship by reason only of acquiring the citizenship of another country. Likewise, for the Kenyans who have relocated to the United states of America because they acquired a green card and as a result of acquiring the citizenship of another country ceased to be a Kenyan citizen are now entitled, on application, to regain Kenyan citizenship.

Resident and Non Resident Kenyans understand how important Kenyans residing abroad are to their economy. In the recent years, Kenyans abroad are said to be the second highest foreign currency earner for Kenya remitting over $611 million dollars in 2008. These remittances are a main source of foreign exchange for the country and have significantly contributed to economic growth by providing a source of investment funds.

The issue of Dual Citizenship which has been a major concern to majority of Kenyans in the Diaspora has now been addressed once and for all in the new constitution endorsed by the majority of Kenyans in the just concluded constitutional referendum.

According to the draft, a person cannot lose Kenyan citizenship if he or she acquires the citizenship of another country.

The draft also proposes that Kenyans, who as a result of acquiring the citizenship of another country ceased to be Kenyan citizens, are entitled to regain it on application.

According to the draft, parliament shall enact legislation providing for conditions upon which citizenship may be granted to individuals who wish to be Kenyans.

The draft proposes that a child born outside Kenya becomes a citizen if the parents are Kenyan. It also states that 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.

The draft states that a foreign married to a Kenyan for a period of at least seven years is entitled, on application, to be registered as a citizen. Citizenship will not be lost through marriage or the dissolution of marriage at a later date.

The New constitution was a final document resulting from the revision of the Harmonized draft constitution cleverly woven by the Committee of Experts (CoE).

The CoE released to the public the revised harmonized constitution on November 17, 2009 for public scrutiny and eventual parliamentary review before it was subjected to the August 4th 2010 referendum.

The public was given 30 days to scrutinize the draft and forward proposals and amendments to their respective Members of Parliament, after which a revised draft was presented to the Parliamentary Committee on January 8, 2010.

The Parliamentary Select Committee (PSC) revised the draft and returned the draft to the Committee of Experts who published a Proposed Constitution on February 23, 2010 that was presented to parliament for final amendments if necessary. After failing to incorporate over 150 amendments to the proposed constitution, parliament unanimously approved the proposed constitution on April 1, 2010.

The proposed constitution was presented to the Attorney General Amos Wako on April 7, 2010 who officially published the proposed constitution on May 6, 2010, and was subjected to a referendum on August 4, 2010.

What now remains is the promulgation of the new constitution into the supreme law of the land by President Mwai Kibaki on Friday August 27th, 2010.

 

 



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