Registration of Births for Kenyans Born Abroad
Did you know that Kenyans born outside the country have the opportunity to apply for a Kenyan birth certificate? This certificate is vital as it serves as a prerequisite for obtaining other identification documents in Kenya such as Kenyan passport and the national ID. Therefore, it is imperative for Kenyans in the diaspora, especially those born abroad, to ensure that their births are registered in Kenya.
1. Introduction
A birth certificate is considered one of the initial crucial documents a child receives at birth and is essential for various legal and administrative purposes. Therefore, it is vital to ensure that every child is registered immediately after birth. All Kenyans born outside the country have the right to apply for a Kenyan birth certificate, as outlined in section 10A of the Births and Deaths Registration Act (Cap 149).
2. Who is identified as a Kenyan citizen if they were born outside of Kenya?
Understanding who qualifies as a Kenyan citizen born abroad is crucial, as many people often misunderstand this concept. According to Article 14 of the Constitution, provides that; “A person is a citizen by birth if on the day of the person’s birth, whether or not the person is born in Kenya, either the mother or father of the person is a citizen.” It is also worthwhile to note that this also applies to all Kenyans who were born even before the enactment of the Constitution 2010. Therefore, as long as one of the parents was a Kenyan citizen at the time of birth, the place of birth does not affect citizenship status.
3. Requirements;
The key requirements are;
1. Foreign birth certificate;
2. Copy citizenship certificate of the foreign country (if any);
3. Copy of foreign certificate;
4. Both parents’ identification documents, especially the Kenyan documents ; and
5. Any other supporting document.
N/B If either of the documents noted above is issued in any other foreign language apart from English, it should be translated .
Applicants submitting the application through the respective Kenyan Missions abroad should ensure that all the documents have been notarized.
6. Application of other Kenyan Documents .
Since Kenya allows for dual citizenship upon issuance of birth certificate (of a Kenyan occurring abroad) one may proceed to apply for other Kenyan identification documents such as Kenyan passport and national identification card.
How we can assist you at CM Diaspora Club
a) Offering advisory relating to all aspects of civil registration;
b) Assist in the application and processing of births of Kenyans occurring abroad;
a) Representation in court with respect to matters relating to civil registration; and
b) Offering advisory services on any other aspect of law.
Contact Persons & Contributors
Wahu Wambugu ( Associate Advocate)- mwambugu@cmadvocates.com
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Whether you are based in Kenya or abroad we offer support over email , phone call, WhatsApp call, videoconferencing etc. Please book an appointment today through law@cmdiaspora_expats.com.
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Disclaimer
This Alert is for informational purposes only and should not be construed as legal advice
Published on Nov. 13, 2024, 4:44 p.m.