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Draft law: New dawn for Kenyans in diaspora
Mr John Arachie with his copy of the draft constitution after the official launch on November 17,2009. Chapter Four of the draft spells out the general provisions of citizenship and responsibilities of citizens. Photo/WILLIAM OERI
Posted Tuesday, November 17 2009 at 22:30
Special interest groups and Kenyans in the diaspora will have everything to smile about should proposals in the draft constitution become law. Chapter Four of the draft spells out the general provisions of citizenship and responsibilities of citizens.
There is hope for those who lost Kenyan citizenship because they acquired another country’s citizenship. The draft provides that such a person is entitled, on application, to regain Kenyan citizenship.
“A person does not lose citizenship by reason only of acquiring the citizenship of another country,” the draft says. One could easily lose citizenship if, since becoming a citizen of Kenya, they have been resident in countries other than Kenya for a continuous period of seven years.
However the draft law is clear: “A person born outside Kenya is a citizen if, at the date of the person’s birth, either the mother or the father is a citizen — who was born in Kenya or by registration or naturalisation.”
The proposed law further provides that a person who has been married to a citizen for a period of at least seven years is entitled, on application, to be registered as a citizen.
The draft also details how women, persons with disabilities, youth, ethnic and other minorities as well as marginalised communities will get particular attention from both the government and at societal level.
Special needs
The Federation of Women Lawyers-Kenya is optimistic that the new constitution will improve the status of women and children. “We shall make use of the next 30 days to study the draft and make our contributions,” said Fida-Kenya executive director Patricia Nyaundi.
The draft law addresses the long standing issue of the diaspora and dual citizenship. The first part of Chapter 11, which deals with the legislature, provides for the establishment and role of Parliament and how it relates with these special interest groups.
Section 128 directs that Parliament shall enact legislation to promote these groups’ representation in Parliament. The draft also provides that children with special needs be entitled to special protection.
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Submitted by koomoroPosted November 18, 2009 04:34 AM
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Submitted by mza
Every draft has 'sweeteners' for diaspora and women but no one should be fooled!
Posted November 18, 2009 01:09 AM -
Submitted by silwal
GOD is great. I strongly believe that this was long overdue and is good for both the people involved and the country.
Posted November 17, 2009 11:42 PM -
Submitted by olegaita66
The only big problem i foresee is when foreigners are allowed to be citizens based on marriage.This I fear will bring to the country lots of outlaws and undesirable individuals based on papers stating marriage to Kenyan women.Our women can be quick to marry foreigners for peculiar reasons.
Posted November 17, 2009 11:18 PM -
Submitted by sam7
“A person born outside Kenya is a citizen if, at the date of the person’s birth, either the mother or the father is a citizen — who was born in Kenya or by registration or naturalisation.” This will benefit most of the Children born out of Kenya by Kenyan parents (and they are many who feel Kenya is their Motherland). Does this also mean that Obama will be a Kenyan citizen when the draft is adopted
Posted November 17, 2009 10:14 PM
RSS
i comprehend the citizenship part, the others like majimbois, kadhi courts and marriage sections are not very appealing, alot of disunity is gonna be caused as a result of majimbos and the idea of kadhi courts is gonna bring alot of jihadism to african soil, how come there is nothing of African nature in this constitution?