5.2 Nationality, citizenship and domicile
Nationality
Nationality, also known as nationality at birth or nationality by descent, is the legal relationship between an individual and a specific nation or country. It is primarily determined by the country in which a person is born or by the nationality of one’s parents.
Citizenship
The law relating to citizenship and the nationality of Kenya is contained in the constitution of Kenya and the Kenya citizenship Act (Cap. 170)
Citizenship is a legal status that signifies an individual’s membership in a particular country or political entity.
A Citizen of Kenya may be acquired in four different ways.
These are
- By birth,
- By descent,
- By registration,
- By nationalization
Loss of citizenship
There are two ways in which citizenship can be lost. These are explained under
- By renunciation
- By deprivation
. A person may be deprived from citizenships in following cases:
- Has shown himself to be disloyal towards or disaffected towards Kenya;
- Has during the war in which the country was engaged, traded with or otherwise assisted the enemy.
- Has, within five years of registration or naturalization been sentenced for more than twelve months imprisonment.
- Has resided continuously abroad for seven years and has neither been in service of Kenya or an international organization which country is a member, nor registered annually at a Kenya consulate.
- Has obtained his registration or naturalization by fraud, false representation or concealment of a material fact.
Domicile
Domicile is a legal concept used to determine an individual’s permanent legal residence or the place where they have a long-term intention to reside. It is not synonymous with nationality or citizenship but is relevant in various legal matters, such as taxation, inheritance, and family law.
There are three types of domicile: origin, choice and dependence. These are explained as under:
- Domicile of origin
A person acquires his domicile of origin at birth. A legitimate child inherits its father’s domicile (S.3), an illegitimate child inherits its mother’s.
- Domicile of choice
‘A man acquires a new domicile by taking up his fixed habitation in a country which is not that of his domicile of origin. He is then said to have acquired a domicile of choice, where upon the domicile of origin is relinquished.
- Domicile of dependence
Domicile of dependence is also sometimes described as dependent domicile. A person is said to have this kind of domicile if his domicile necessarily changes with that of another person on whom he is dependent. A woman acquires the domicile of the husband on marriage. An infant acquires the domicile of the father.