THE KENYA CITIZENSHIP AND IMMIGRATION (AMENDMENT) BILL, 2025
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Application Time Limits Removed
The Bill amends the Kenya Citizenship and Immigration Act, Cap. 170, by removing the time limit for stateless persons to apply for citizenship under the amended Section 15 and for migrants under the amended Section 16.
New Eligibility for Stateless Persons' Citizenship
Section 15 of the principal Act is replaced, outlining new conditions for stateless persons to be registered as citizens. These include habitual residence in Kenya since December 12, 1963, and the ability to understand and communicate in Kiswahili, a local dialect, or other communication formats and technologies available to persons with disabilities.
Integrity and Civic Understanding Requirements
For eligibility, a stateless person must not have been convicted of an offence leading to imprisonment for three years or longer during their stay in Kenya. They must also demonstrate an understanding of the rights and duties of a citizen.
Mandatory Register of Stateless Persons
The Bill introduces a new obligation for the Cabinet Secretary to maintain a register of all registered stateless persons living in Kenya, as specified in the new Section 15(2).
Bill No.
No. 53 of 2025
Gazette No.
Supplement No. 199 of 2025
Sponsor
Owen Yaa Baya, Member of Parliament
Background
The principal object of the Kenya Citizenship and Immigration (Amendment) Bill, 2025, is to amend the Kenya Citizenship and Immigration Act, Cap. 170, to remove the time limit for application for citizenship by stateless persons and migrants. This aims to provide a clearer path to citizenship for these populations.
Key Amendments
- Amendment to Section 15 of the Kenya Citizenship and Immigration Act: Section 15 of the principal Act is deleted and replaced with a new section. The new Section 15(1) stipulates that a person who does not have an enforceable claim to the citizenship of any recognized state and has had habitual residence in Kenya since December 12, 1963, shall be deemed to have been lawfully resident and may, upon application in the prescribed manner, be eligible to be registered as a citizen of Kenya if that person:
- Is able to understand and communicate in Kiswahili, a local dialect, or other communication formats and technologies available to persons with disabilities;
- Has not been convicted of an offence and sentenced to imprisonment for a term of three years or longer during the person's stay in Kenya; and
- Understands the rights and duties of a citizen.
- Amendment to Section 16 of the Kenya Citizenship and Immigration Act: Subsection (2) of Section 16 of the principal Act is deleted. The Memorandum of Objects and Reasons clarifies that this amendment removes the limitation of time for application of citizenship by migrants.
New Obligations
- Cabinet Secretary's Duty: The new Section 15(2) mandates the Cabinet Secretary to maintain a register of registered stateless persons living in Kenya.
Penalties
This Bill does not introduce new penalties.
Transitional Provisions
No specific transitional provisions are outlined in this Bill.
No updates tracked yet
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