| CHAPTER 1 - CONSTITUTION OF KENYA (REPEALED) CODE | HOME | ||
| 88. Persons entitled to be registered as citizens by virtue of connexion with Kenya before 12th December, 1963 | ![]() |
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Persons who become citizens on 12th December, 1963. | Persons born in Kenya after 11th December, 1963. |
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| Persons entitled to be registered as citizens by virtue of connexion with Kenya before 12th December, 1963. | 88*. (1) A person who, but for the proviso to section 87 (1), would be a citizen of Kenya by virtue of that subsection shall be entitled, upon making application before the specified date in such manner as may be prescribed by or under an Act of Parliament, to be registered as a citizen of Kenya: Provided that a person who has not attained the age of twenty-one years (other than a woman who is or has been married) may not himself make an application under this subsection, but an application may be made on his behalf by his parent or guardian. (2) A woman who, on 11th December, 1963, has been married to a person - (a) who becomes a citizen of Kenya by virtue of section 87; or (b) who, having died before 12th December, 1963, would, but for his death, have become a citizen of Kenya by virtue of that section, shall be entitled, upon making application in such manner as may be prescribed by or under an Act of Parliament, to be registered as a citizen of Kenya. (3) A woman who, on 11th December, 1963, has been married to a person who becomes, or would but for his death have become, entitled to be registered as a citizen of Kenya under subsection (1) or (5), but whose marriage has been terminated by death or dissolution before 12th December, 1963, or is so terminated on or after that date but before that person exercises his right to be registered as a citizen of Kenya under either of those subsections, shall be entitled, upon making application before the specified date in such manner as may be prescribed by or under an Act of Parliament, to be registered as a citizen of Kenya. (4) A person who, on 11th December, 1963, is a citizen of the United Kingdom and Colonies or of the Republic of Ireland and is on that day ordinarily and lawfully resident in Kenya (otherwise than under the authority of a pass issued under the Immigration Act as then in force and conferring on him the right to remain in Kenya only temporarily) shall be entitled, upon making application before the specified date in such manner as may be prescribed by or under an Act of Parliament, to be registered as a citizen of Kenya: Provided that a person who has not attained the age of twenty-one years (other than a woman who is or has been married) may not himself make an application under this subsection, but an application may be made on his behalf by his parent or guardian. (5) A person who, on 11th December, 1963, is a citizen of the United Kingdom and Colonies - (a) having become such a citizen under the British Nationality Act, 1948 by virtue of his having been naturalized in Kenya as a British subject before that Act came into force; or (b) having become such a citizen by virtue of his having been naturalized or registered in Kenya under that Act, shall be entitled, upon making application before the specified date in such manner as may be prescribed by or under an Act of Parliament, to be registered as a citizen of Kenya: Provided that a person who has not attained the age of twenty-one years (other than a woman who is or has been married) may not himself make an application under this subsection, but an application may be made on his behalf by his parent or guardian. (6) In this section "the specified date" means - (a) in relation to a person to whom subsection (1), (4) or (5) refers, 12th December, 1965; and (b) in relation to a woman to whom subsection (3) refers, 12th December, 1965, or the expiration of such period after the termination of her marriage as may be prescribed by or under an Act of Parliament (whichever is the later), or such later date as may in any particular case be prescribed by or under an Act of Parliament. *Section 88, although spent in its effect, is retained for the sake of clarification. The same applies to section 97 (2) and (6) (b) |
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