Constitution of Kenya Chapter 3: Article 13 – Retention and Acquisition of Citizenship

Curious about how Kenya’s 2010 Constitution affects your citizenship status? Whether you’re a Kenyan by birth, a spouse of a Kenyan citizen, or someone looking to regain or acquire citizenship, understanding Kenya citizenship retention and acquisition is crucial.

Article 13 of Chapter 3 in the Constitution of Kenya (2010) sheds light on who qualifies, how to retain your citizenship, and the impact of life events like marriage. Here’s what you need to know to secure or reclaim your place as a citizen of Kenya.

Chapter 3, Article 13 says…

Article 13: Retention and acquisition of citizenship

• Every person who was a citizen immediately before the effective date retains the same citizenship status as of that date.

• Citizenship may be acquired by birth or registration.

• Citizenship is not lost through marriage or the dissolution of marriage.

Understanding the Article

Article 13(1): Retention of Citizenship

• This provision ensures that all people who were Kenyan citizens before the 2010 Constitution came into effect (August 27, 2010) maintained their citizenship status.
• It created a smooth transition between the old and new constitutional frameworks.
• This clause prevented any potential loss of citizenship that might have occurred due to the constitutional change.
• It protected citizens from having to reapply for citizenship under the new constitutional regime.
  

Article 13(2): Methods of Acquiring Citizenship

The Constitution establishes only two ways to acquire Kenyan citizenship:

• By birth (covered in detail in Article 14)
• By registration (covered in detail in Article 15)

Article 13(3): Marriage and Citizenship

• Marriage to a Kenyan citizen does not automatically grant citizenship to a foreign spouse.
• Divorce from a Kenyan citizen does not result in loss of citizenship for someone who is already a citizen.
• This provision protects individuals from citizenship changes based solely on marital status.
• It ensures citizenship remains an individual right rather than one dependent on marital relationships.

Real-Life Application

Meet Wanjiku, a 45-year-old Kenyan woman who was born and raised in Nakuru. When the new Constitution came into effect in 2010, she worried about whether she would need to reapply for citizenship or face new requirements to maintain her status as a Kenyan.

Thanks to Article 13: – Wanjiku automatically retained her citizenship without needing to take any action – Her national ID and passport remained valid and she continued to enjoy all rights and privileges of Kenyan citizenship.

James, a Kenyan businessman, married Sarah, a British citizen, in 2015. Sarah was concerned about what would happen to her citizenship status both during their marriage and if they ever divorced. Article 13(3) ensures that Sarah’s British citizenship is not affected by her marriage to James, and if she chooses to become a Kenyan citizen through registration, she would not lose that citizenship in case of divorce.

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Quiz Time: Test Your Knowledge!

1. What happened to people who were Kenyan citizens before the 2010 Constitution came into effect?
a) They had to reapply for citizenship
b) They lost citizenship if they didn’t meet new requirements
c) They retained the same citizenship status
d) They had to provide additional documentation

Correct Answer: (c)

2. According to Article 13, how can Kenyan citizenship be acquired?
a) By birth only
b) By birth or registration
c) By birth, registration, or naturalization
d) By birth, registration, or marriage

Correct Answer: (b)

3. What does Article 13(3) state about marriage and citizenship?
a) Marriage to a Kenyan automatically grants citizenship
b) Citizenship is lost if you divorce a Kenyan spouse
c) Citizenship is not lost through marriage or dissolution of marriage
d) Foreign spouses must apply for citizenship within one year of marriage

Correct Answer: (c)

4. In the real-life example, why didn’t Wanjiku need to reapply for citizenship after 2010?
a) Because she was born in Kenya
b) Because Article 13(1) ensured she retained her citizenship status
c) Because she had a valid passport
d) Because she applied for an extension

Correct Answer: (b)

5. What protection does Article 13(3) provide to foreign spouses of Kenyan citizens?
a) Automatic citizenship upon marriage
b) Protection from deportation
c) Protection from losing their original citizenship when marrying a Kenyan
d) Free visa status

Correct Answer: (c)

6. If Sarah (from the example) becomes a Kenyan citizen and later divorces James, what happens to her Kenyan citizenship?
a) She loses it immediately
b) She keeps it because citizenship is not lost through dissolution of marriage
c) She must reapply to maintain it
d) It depends on how long they were married

Correct Answer: (b)

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Quotable QuoteKenya

“Citizenship is more than a piece of paper. It is a sense of belonging and identity that transcends marital status or constitutional change.“
– Willy Mutunga, Former Chief Justice of Kenya

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Expert Insight

According to the Kenya National Commission on Human Rights (KNCHR) in their 2018 report on citizenship rights, “Article 13 of the Constitution has been instrumental in protecting citizenship rights during Kenya’s constitutional transition, particularly for women whose citizenship status was previously vulnerable to change based on marital status.”

The Commission documented that prior to the 2010 Constitution, approximately 15% of citizenship-related complaints involved women who faced citizenship complications due to marriage or divorce, a figure that dropped to less than 2% after the implementation of Article 13.

Source: Kenya National Commission on Human Rights, “Impact Assessment: Constitutional Provisions on Citizenship Rights in Kenya,” 2018.
Source: www.knchr.org/reports

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Finally…

Now that you understand Article 13, share this knowledge with your family, friends, and community. Together, we can build a more informed society that appreciates and upholds our constitutional values.

Continue exploring other chapters of the Constitution of Kenya with us to discover more about your rights and responsibilities as a citizen.