New bill seeks to ease citizenship path for stateless communities
The amendment proposes that any stateless person who has lived in Kenya continuously for at least seven years be considered lawfully resident and eligible for citizenship through registration.
Kilifi North MP Owen Baya is pushing for changes to the Kenya Citizenship and Immigration Act that would make it easier for stateless persons to gain Kenyan citizenship, including removing existing time limits on applications.
Baya has introduced the Kenya Citizenship and Immigration (Amendment) Bill, which seeks to revise Section 15 of the Act.
The amendment proposes that any stateless person who has lived in Kenya continuously for at least seven years be considered lawfully resident and eligible for citizenship through registration.
In his presentation before the National Assembly Committee on Administration and Internal Security, Baya emphasized the difficulties stateless individuals face due to lack of recognition.
He said the Bill would also add a new Section 15A to cover the registration of children born to stateless parents.
“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.
The proposed changes are detailed in Clause 3 of the Bill, which reads: “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.”
Eligibility criteria under the amendment include the ability to understand and communicate in Kiswahili, a local dialect, or through communication formats and technologies available to persons with disabilities.
Additional conditions include that the applicant must not have a criminal conviction with a sentence of three years or more. Once registered, they must either continue to live in Kenya or maintain close ties with the country, and demonstrate an understanding of the rights and responsibilities of Kenyan citizenship.
Baya urged the committee to handle the matter urgently, pointing out that legal recognition through citizenship is the only way for stateless people to live with dignity and access essential services.
