Kenya Citizenship and Immigration (Amendment) Bill, 2023
Published: 22/Mar/2023
Kenya Gazette Supplement No. 35 (Senate Bills No. 11)
Extracts:
Amendment of section 10 of No. 12 of 2011. [Regaining citizenship]
3. Section 10 of the principal Act is amended in subsection (2) by inserting the following new paragraphs immediately after paragraph (b)—
(ba) statutory declaration affirming that the person—
(i) has not taken an oath or made an affirmation or other formal declaration of allegiance to a foreign state or a political subdivision thereof, after having attained the age of eighteen years;
(ii) has not entered or served in the armed forces of a foreign state if—
A. such armed forces are engaged in hostilities against the Republic of Kenya; or
B. such persons serve as a commissioned or noncommissioned officer;
(iii) has not accepted, served in, or performed the duties of any office, post, or employment under the government of a foreign state or a political subdivision thereof, after attaining the age of eighteen years or if he has or acquired the nationality of such foreign state;
(iv) has not accepted, served in, or performed the duties of any office, post, or employment under the government of a foreign state or a political subdivision thereof, after attaining the age of eighteen years for which office, post, or employment an oath, affirmation, or declaration of allegiance is required;
(v) has not committed any act of treason against, or attempting by force to overthrow, or bearing arms against the Republic of Kenya, violated or conspired to overthrow, put down, or to destroy by force the Government of the Republic of Kenya, or to levy war against them; and
(vi) has not committed, assisted in, or enticed into the commitment of a terrorist act, including taking an active role in the activities of a terrorist organisation, as defined by the prevention and financing of terrorism laws of Kenya.
Amendment of section 11 of No. 12 of 2011. [Citizenship by marriage]
4. Section 11 of the principal Act is amended by renumbering the current section as subsection (1) and inserting the following new subsection—
(2) An application under this section shall be accompanied by a statutory declaration and marriage certificate to ascertain the marriage.
Amendment of section 12 of No. 12 of 2011. [Widows and widowers]
5. Section 12 of the principal Act is amended by inserting the following new subsection immediately after subsection (3)—
(3a) An application under this section shall be accompanied by a statutory declaration or a sworn affidavit by the applicant and or any other documents requested by the committee for purpose of ascertaining the validity of the marriage.
Amendment of section 13 of No. 12 of 2011. [Lawful residence]
6. Section 13 of principal Act is amended in subsection (1) (b) by inserting the words “permanent resident” immediately after the words “valid permit”.
Amendment of section 14 of No. 12 of 2011. [Adopted children]
7. Section 14 of the principal Act is amended by renumbering the current section as subsection (1) and inserting the following new subsection—
(1a) A child may apply to be registered as a citizen in the prescribed manner, where their parents, legal guardians fail to register the child upon attaining the age of maturity.
Download: http://www.parliament.go.ke/index.php/node/18992