Kilifi North MP Owen Baya is seeking an amendment to the Kenya Citizenship and Immigration Act, Cap 170 to, among other things, clearly define the time limit that stateless persons can apply for citizenship.
Baya has introduced the Kenya Citizenship and Immigration (Amendment) Bill which if approved, will remove the time limit for stateless persons to apply for citizenship.
The Bill proposes an amendment to Section 15 to allow stateless persons who have habitually resided in Kenya for at least seven continuous years to be deemed lawfully residents and, upon application, eligible for registration as Kenyan citizens.
Baya, who made his submission to the National Assembly Committee on Administration and Internal Security, also explained that the Bill seeks to insert a new Section 15A to provide for the registration of children born to stateless parents.
He has since urged the Committee to expedite the Bill, stating that stateless persons face significant challenges in accessing critical services.
“As you know, a stateless person cannot hold an ID card, and without it, they cannot conduct business like an ordinary citizen. This is an earnest plea to fast-track the Bill so that these individuals can finally enjoy their rights,” he stated.
“Clause 3 of the Bill amends Section 15 to state that a stateless person who has habitually resided in Kenya for a continuous period of at least seven years will be deemed lawfully resident and, upon application in the prescribed manner, may be eligible for registration as a Kenyan citizen,” the Bill states.
He said it also provides for the conditions for eligibility as ability to understand and communicate in Kiswahili, a local dialect, or other communication formats and technologies available to persons with disabilities.
Other conditions include that the individual must not have any prior conviction for an offense with a sentence of three years or more. Upon registration as a citizen, they must continue to permanently reside in Kenya or maintain a close and ongoing association with the country, while also understanding the rights and duties of a citizen.
According to Baya, the amendment proposes that the Cabinet Secretary maintain a register of stateless persons in Kenya and create regulations to effectively implement this section, particularly focusing on outlining the requirements for proving habitual residence.
On Clause 4 of the Bill, which addresses the registration of children born to stateless parents, Baya stated that it mandates the Principal Registrar to implement measures ensuring the accurate documentation and registration of children born to stateless parents at birth.
Committee Chairperson, Gabriel Tongoyo (Narok West) assured that the Committee would address the Bill’s grey areas and adopt it for progression to the next stage.
