Bill: Africans with Kenyan ancestry can become citizens

Africans in the diaspora who claim Kenyan descent by ancestry will be allowed to apply for citizenship if a new Bill before the National Assembly is passed.

The Kenya Citizenship and Immigration (Amendment) Bill, 2024, sponsored by Suba South MP Caroli Omondi, seeks to enable Africans in the diaspora but with Kenyan roots to acquire citizenship through an expedited process.

Apart from acquisition of citizenship by birth, registration and naturalisation as currently provided in law, the Bill seeks to introduce the fourth category of acquisition of citizenship by ancestry.

“Despite provisions of Section 7, a person born outside Kenya who claims Kenyan descent by ancestry may apply for citizenship subject to providing proof that the person has not been convicted of a criminal offence and been sentenced to imprisonment for a term not exceeding six months,” the Bill reads.

Before determining the ancestry of persons eligible to apply for Kenyan citizenship, a genetic genealogy will be conducted by Kenyan authorities to determine the ancestry of an individual.

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Genetic genealogy is the use of DNA testing in combination with traditional genealogical and historical records. It involves the use of genealogical DNA together with documentary evidence and family history profiles to determine biological relationships between or among individuals.

Apart from the genetic geology test, such persons will also be required to meet other four conditions before citizenship is granted.

According to the conditions set in the Bill, a person will be required to prove reasonable financial resources as may be prescribed in law.

Further, before such a person is given citizenship, the Bill requires that the individual provide proof of ability to make a substantial contribution to the development of the country and other related ventures.

The person must also provide proof that he has not been convicted of a criminal offence and been sentenced to imprisonment for a term exceeding six months and provide proof of reasonable financial resources.

Mr Omondi says the conditions have been placed in order to avoid opening a window to criminals to come into the country. “You must demonstrate that you are able to support yourself and also provide proof that there is something you are going to add to our economy,” Mr Omondi said.

He pointed out that if the Bill is passed, it will increase government streams of income, as individuals interested to live Kenya will be making applications, and those successful will also inject capital investments in the country’s economy.

The lawmaker says the Bill, if passed into law, will actualise the right of return, which is recognised under the principles of international law that form part of the laws of Kenya.

Article 13 (2) of the Constitution provides that Kenyan citizenship can be acquired by birth or registration.

The Constitution further says that acquisition of citizenship by registration requires a person to have been a resident in the country for a continuous period of seven years.

“A person who has been lawfully resident in Kenya for a continuous period of at least seven years, and who satisfies the conditions prescribed by an Act of Parliament, may apply to be registered as a citizen,” the Constitution says.

The lawmaker argues that this provision is unfair to persons with Kenyan ancestry but whose parents were not Kenya citizens as they are also required to apply for citizenship by registration in the same manner as any other person with no links to Kenya.

Kenya is seeking to become the second country in Africa, after Ghana, to introduce such a provision in their laws.

The proposal, which has already been approved by Speaker of the National Assembly Moses Wetang’ula is currently before the Budget and Appropriations Committee for financial implications if implemented before formal introduction in the House.