80 <strong>Constitution</strong> <strong>of</strong> <strong>Kenya</strong>[Rev. 2009for that <strong>of</strong>fence has been set aside or if his sentence hasbeen reduced to a term <strong>of</strong> imprisonment <strong>of</strong> 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 none<strong>of</strong> them amounts to or exceeds twelve months; and(c) no account shall be taken <strong>of</strong> a sentence <strong>of</strong> imprisonmentimposed as an alternative to or in default <strong>of</strong>, the payment<strong>of</strong> a fine.Commonwealthcitizens.95. (1) Every person who, under this <strong>Constitution</strong> or an Act <strong>of</strong>Parliament, is a citizen <strong>of</strong> <strong>Kenya</strong> or who, under any law for the timebeing in force in a country to which this section applies, is a citizen<strong>of</strong> that country shall, by virtue <strong>of</strong> that citizenship, have the status <strong>of</strong> 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 <strong>of</strong> that Act, shall, by virtue <strong>of</strong> that status, havethe status <strong>of</strong> 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 <strong>of</strong>Parliament.96. (1) Parliament may provide for the acquisition <strong>of</strong> citizenship<strong>of</strong> <strong>Kenya</strong> (whether by registration or by naturalization) by personswho are not eligible or who are no longer eligible to become citizens<strong>of</strong> <strong>Kenya</strong> under this Chapter.(2) Parliament may provide for the renunciation by a person <strong>of</strong>his citizenship <strong>of</strong> <strong>Kenya</strong>.Dual citizenship.97. (1) A person who, upon the attainment <strong>of</strong> the age <strong>of</strong> twenty-oneyears, is a citizen <strong>of</strong> <strong>Kenya</strong> and also a citizen <strong>of</strong> some country other than<strong>Kenya</strong> shall, subject to subsection (7), cease to be a citizen <strong>of</strong> <strong>Kenya</strong>upon the specified date unless he has renounced his citizenship <strong>of</strong> thatother country, taken the oath <strong>of</strong> allegiance and, in the case <strong>of</strong> a personwho was born outside <strong>Kenya</strong>, made and registered such declaration <strong>of</strong>his intentions concerning residence as may be prescribed by or under
Rev. 2009]<strong>Constitution</strong> <strong>of</strong> <strong>Kenya</strong> 81an Act <strong>of</strong> Parliament.(2)* A person who -(a) has attained the age <strong>of</strong> twenty-one years before 12 thDecember, 1963; and(b) becomes a citizen <strong>of</strong> <strong>Kenya</strong> on that day by virtue <strong>of</strong> section87; and(c) is immediately after that day also a citizen <strong>of</strong> some countryother than <strong>Kenya</strong>,shall subject to subsection (7), cease to be a citizen <strong>of</strong> <strong>Kenya</strong> uponthe specified date unless he has renounced his citizenship <strong>of</strong> that othercountry, taken the oath <strong>of</strong> allegiance and, in the case <strong>of</strong> a person who isa citizen <strong>of</strong> <strong>Kenya</strong> by virtue <strong>of</strong> section 87 (2), made and registered suchdeclaration <strong>of</strong> his intentions concerning residence as may be prescribedby or under an Act <strong>of</strong> Parliament.(3) A citizen <strong>of</strong> <strong>Kenya</strong> shall, subject to subsection (7), cease tobe such a citizen if -(a) having attained the age <strong>of</strong> twenty-one years, he acquires thecitizenship <strong>of</strong> some country other than <strong>Kenya</strong> by voluntaryact (other than marriage); or(b) having attained the age <strong>of</strong> twenty-one years, he otherwiseacquires the citizenship <strong>of</strong> some country other than <strong>Kenya</strong>and has not, by the specified date, renounced his citizenship<strong>of</strong> that other country, taken the oath <strong>of</strong> allegiance and madeand registered such declaration <strong>of</strong> his intentions concerningresidence as may be prescribed by or under an Act <strong>of</strong>Parliament.(4) A person who has attained the age <strong>of</strong> twenty-one years (or isa woman who is or has been married) and who –(a) becomes a citizen <strong>of</strong> <strong>Kenya</strong> 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 citizen<strong>of</strong> <strong>Kenya</strong>, also a citizen <strong>of</strong> some other country,shall, subject to subsection (7), cease to be a citizen <strong>of</strong> <strong>Kenya</strong> upon*See note at foot <strong>of</strong> page 70.