Constitution of Kenya (Repealed) - Kenya Law Reports

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80 Constitution of Kenya[Rev. 2009for that offence has been set aside or if his sentence hasbeen reduced to a term of imprisonment of less than twelvemonths or if a sentence other than imprisonment has beensubstituted therefor;(b) two or more sentences that are required to be servedconsecutively shall be regarded as separate sentences if noneof them amounts to or exceeds twelve months; and(c) no account shall be taken of a sentence of imprisonmentimposed as an alternative to or in default of, the paymentof a fine.Commonwealthcitizens.95. (1) Every person who, under this Constitution or an Act ofParliament, is a citizen of Kenya or who, under any law for the timebeing in force in a country to which this section applies, is a citizenof that country shall, by virtue of that citizenship, have the status of aCommonwealth citizen.(2) Every person who was a British subject without citizenshipunder the British Nationality Act, 1948, or who continued to be a Britishsubject under section 2 of that Act, shall, by virtue of that status, havethe status of a Commonwealth citizen.(3) Save as may be otherwise provided by Parliament, the countriesto which this section applies are the United Kingdom and Colonies,Canada, Australia, New Zealand, India, Sri Lanka, Ghana, Malaysia,Nigeria, Cyprus, Sierra Leone, Tanzania, Jamaica, Trinidad and Tobago,Uganda, Malawi, Malta, Zambia, The Gambia, Singapore, Guyana,Botswana, Lesotho, Barbados, Swaziland, Mauritius, Zimbabwe, andany other country that may be prescribed by Parliament.Powers ofParliament.96. (1) Parliament may provide for the acquisition of citizenshipof Kenya (whether by registration or by naturalization) by personswho are not eligible or who are no longer eligible to become citizensof Kenya under this Chapter.(2) Parliament may provide for the renunciation by a person ofhis citizenship of Kenya.Dual citizenship.97. (1) A person who, upon the attainment of the age of twenty-oneyears, is a citizen of Kenya and also a citizen of some country other thanKenya shall, subject to subsection (7), cease to be a citizen of Kenyaupon the specified date unless he has renounced his citizenship of thatother country, taken the oath of allegiance and, in the case of a personwho was born outside Kenya, made and registered such declaration ofhis intentions concerning residence as may be prescribed by or under
Rev. 2009]Constitution of Kenya 81an Act of Parliament.(2)* A person who -(a) has attained the age of twenty-one years before 12 thDecember, 1963; and(b) becomes a citizen of Kenya on that day by virtue of section87; and(c) is immediately after that day also a citizen of some countryother than Kenya,shall subject to subsection (7), cease to be a citizen of Kenya uponthe specified date unless he has renounced his citizenship of that othercountry, taken the oath of allegiance and, in the case of a person who isa citizen of Kenya by virtue of section 87 (2), made and registered suchdeclaration of his intentions concerning residence as may be prescribedby or under an Act of Parliament.(3) A citizen of Kenya shall, subject to subsection (7), cease tobe such a citizen if -(a) having attained the age of twenty-one years, he acquires thecitizenship of some country other than Kenya by voluntaryact (other than marriage); or(b) having attained the age of twenty-one years, he otherwiseacquires the citizenship of some country other than Kenyaand has not, by the specified date, renounced his citizenshipof that other country, taken the oath of allegiance and madeand registered such declaration of his intentions concerningresidence as may be prescribed by or under an Act ofParliament.(4) A person who has attained the age of twenty-one years (or isa woman who is or has been married) and who –(a) becomes a citizen of Kenya by registration under section88, 91, 92 or 96 or by naturalization under section 93 or96; and(b) is immediately after the day upon which he becomes a citizenof Kenya, also a citizen of some other country,shall, subject to subsection (7), cease to be a citizen of Kenya upon*See note at foot of page 70.
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