Kenyan Birth Certificate Not Proof of Citizenship - PS Julius Bitok

The Permanent Secretary for Immigration Julius Bitok has caused concern among Kenyans regarding the citizenship status of their children.

During a Thursday appearance before the National Assembly's Committee on Regional Development, Bitok unequivocally stated that birth certificates do not automatically confer Kenyan citizenship, emphasizing that only a national identification card serves as conclusive proof of citizenship status. Kenyan citizenship can be acquired through birth, registration, and acquisition. A child born to at least one Kenyan parent is considered a citizen by birth, regardless of their geographical origin.

"A birth certificate is not an entitlement to citizenship. National ID is what entitles one to be a Kenyan citizen," the PS said.

Furthermore, orphans under eight years old whose parentage remains unknown are legally presumed to be Kenyan citizens. Bitok says that while a birth certificate represents an official record of birth, it does not constitute substantive evidence of citizenship. A Kenyan citizen by birth who obtained citizenship of another country and subsequently lost their Kenyan citizenship can regain it by applying for it. This interpretation potentially creates administrative complexity for families navigating the citizenship verification process. The timing of this announcement coincides with substantial challenges facing the Department of Refugee Services (DRS).

Experiencing significant budget constraints, the department is struggling to manage the expanding refugee population effectively. In response, Bitok has formally appealed to the Ministry of Interior to provide increased financial resources to address these challenges. Kenyan citizenship by registration includes several pathways for individuals seeking to become legal citizens of the nation. Marriage provides one option wherein foreign spouses legally married to Kenyan citizens for a minimum of seven consecutive years may submit applications, contingent upon maintaining an unblemished legal record and meeting procedural requirements.

Lawful residency also offers a substantive route to citizenship. Individuals who have maintained lawful continuous residence in Kenya for no less than seven years can pursue registration, provided they demonstrate exemplary character, linguistic proficiency in either English or Swahili, and a genuine commitment to permanent settlement within the country's borders. Adopted children of Kenyan citizens represent another category eligible for national membership, with citizenship granted upon formal recognition of their adoptive status under prevailing Kenyan legal frameworks. Furthermore, a special provision exists for stateless individuals who established residence in Kenya before 1963.

Applicants seeking Kenyan citizenship are required to complete specific forms, compile supporting documentation, and submit a non-refundable processing fee. The path to citizenship involves a verification procedure that includes a statutory declaration made before a magistrate or commissioner of oaths. The processing timeline remains flexible, with duration fluctuating substantially based on the unique circumstances of each applicant. A thorough examination of an individual's background, legal standing, and commitment to Kenyan society forms the cornerstone of the review process.

Successful candidates are ultimately awarded a Certificate of Registration, which bestows the full complement of rights and privileges associated with Kenyan citizenship. The regulations simultaneously evaluate an applicant's legal residency, familial connections to existing citizens, personal character, and potential for meaningful societal integration. This approach ensures that new citizens not only meet legal requirements but also demonstrate a genuine commitment to becoming productive members of the Kenyan community.