Does A Permanent Resident Holder Qualify To Be Issued With A Kenyan Passport?

1. Introduction 

This is a common question that arises among many individuals whether a foreign resident upon grant of permanent residence qualifies to apply for a Kenyan Passport. It is important to note that permanent residence does not equate to citizenship, hence Kenyan passports are only issued to individuals who are recognized as Kenyan citizens, either by birth or registration. In this article, we will briefly outline the categories of individuals who are eligible for a Kenyan passport.  

 2. Persons who are eligible to  apply for a  Kenyan Passport 

1 Kenyan Citizens by Birth 

Notably, one may be regarded to be a Kenyan citizen by birth as provided for under Article 14 of the Constitution  2010 on the following grounds; 

1. If one was born either in Kenya or abroad, as long as one of the parents was a citizen at the time of birth; 
2. A child under the age of eight (8) with unknown nationality and parents, is presumed to be a citizen by birth. This is commonly known as Citizenship by Presumption for Foundlings under international laws. 

N/B please don’t miss our upcoming article/presentation that shall extensively discuss what citizenship by a Birth in Kenya entails! 

2 Kenyan Citizen by Registration 

1. Lawful residents- A person who has been lawfully residing within Kenya for a continuous period of at least seven (7) years under the authority of a valid permit Upon meeting all the requirements and receiving a Certificate of Registration of  Citizenship and Kenya National Identification card can apply for a Kenyan passport.  Additionally, Permanent resident holders may still apply for citizenship under this category, and upon being registered as Kenyan citizens the Permanent resident status ceases automatically.  
2. Citizenship by Marriage- Persons who have been married to a Kenyan citizen for at least seven (7) years, as well as widows and widowers of Kenyan citizens, also qualify for citizenship and can apply for a Kenyan passport thereafter upon receiving a Certificate of Registration of Citizenship and Kenya National Identification card. 
3. Children of Kenyan citizens born to parent (s) who acquired citizenship after the child has already been born or a non-Kenyan child adopted by Kenyan Citizens.  N/B A child, in this case, is one between the age of 0-18 years. 
4. Other Categories include a person with a disability(who is a dependant of biological parents /legal guardians who are Kenyan Citizens ) and stateless persons, migrants, and their descendants as outlined under sections 15, 16, and 17 respectively of Kenya  Citizenship and Immigration Act 2012.   

Conclusion  

In light of the above, Kenyan passports can only be issued to individuals recognized as Kenyan citizens, either by birth or registration. Permanent resident holders, despite having lifelong status and being entitled to enjoying almost all rights granted to citizens, are not legally recognized as Kenyan citizens and therefore do not qualify to hold Kenyan passports. It is therefore important to note the criteria provided by law when seeking to obtain a Kenyan passport. 

Please Get in touch with us today for: 

• Comprehensive advisory on application of Kenyan Passport, acquisition of Kenyan Citizenship and Permanent residence; and 
• Any other Immigration related issue. 

Contributors 

Wahu WAMBUGU (Immigration Lawyer)-Email mwambugu@cmadvocates.com 

Sarah A. HUKO  -Email sakinyi@cmadvocates.com 

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Disclaimer 

This article is for informational purposes only and should not be construed as legal advice.