|CHAPTER 1 - CONSTITUTION OF KENYA (REPEALED) CODE | HOME|
|94. Deprivation of citizenship.|
|Persons eligible to be naturalized as Kenya citizens.||Commonwealth citizens.|
|Deprivation of citizenship.||
94. (1) The Minister may, by order published in the Kenya Gazette and after such procedure as may be prescribed by or under an Act of Parliament, deprive of his citizenship of Kenya any person who is a citizen by registration or naturalization if the minister is satisfied -
(a) that that citizen has shown himself by act or speech to be disloyal or disaffected towards Kenya; or
(b) that that citizen has, during any war in which Kenya was engaged, unlawfully traded or communicated with an enemy or been engaged in or associated with any business that was to his knowledge carried on in such a manner as to assist an enemy in that war; or
(c) that, within the period of five years commencing with the date of the registration or naturalization, a sentence of imprisonment of or exceeding twelve months has been imposed on that citizen by a court in any country or has been substituted by competent authority for some other sentence imposed on him by such a court; or
(d) that that citizen has, since becoming a citizen of Kenya, been ordinarily resident in countries other than Kenya for a continuous period of seven years and during that period has neither -
(i) been at any time in the service of Kenya or of an international organization of which Kenya was a member; nor
(ii) registered annually at a Kenya consulate his intention to retain his citizenship of Kenya; or
(e) that the registration or naturalization was obtained by means of fraud, false representation or the concealment of any material fact.
(2) For the purposes of subsection (1) (c) -
(a) a person shall not be regarded as having had imposed on him a sentence of imprisonment of or exceeding twelve months if he has been granted a free pardon in respect of the offence for which he was so sentenced or if his conviction for that offence has been set aside or if his sentence has been reduced to a term of imprisonment of less than twelve months or if a sentence other than imprisonment has been substituted therefor;
(b) two or more sentences that are required to be served consecutively shall be regarded as separate sentences if none of them amounts to or exceeds twelve months; and
(c) no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of, the payment of a fine.