Draft law: New dawn for Kenyans in diaspora

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.