Gov't to create official register for Stateless persons living in Kenya in new proposal

The proposal is contained in the Kenya Citizenship and Immigration (Amendment) Bill, 2025, sponsored by Kilifi North MP Owen Baya, which seeks to introduce new measures aimed at improving how stateless residents are identified and integrated into the country’s citizenship framework.

If passed, the bill will require the Foreign Cabinet Secretary to maintain a register of stateless persons living in Kenya. 

The move is expected to create an official record of people who are not recognised as citizens by any country.

Under the current law, stateless persons who have lived in Kenya continuously since December 12, 1963, can apply to be registered as Kenyan citizens if they meet several conditions. 

These include knowledge of Kiswahili or a local dialect, a clean criminal record for offences carrying sentences of three years or more, an intention to permanently reside in Kenya or maintain close ties with the country, and an understanding of the rights and duties of a citizen.

The proposed amendments seek to simplify some of these requirements. For instance, the bill removes the requirement that applicants declare an intention to permanently reside in Kenya after obtaining citizenship.

It also broadens the communication requirement by allowing applicants to demonstrate their ability to communicate using Kiswahili, a local dialect, or communication formats and technologies accessible to persons with disabilities.

Another major change in the bill is the removal of the time limit within which stateless persons can apply for citizenship.

The current law requires applications to be made within seven years from the commencement of the Act, a deadline that could only be extended by three years through a Gazette notice issued by the Foreign Affairs CS.

The bill also proposes changes affecting migrants who voluntarily moved to Kenya before independence by deleting the provision that limited the period within which they could apply for citizenship.

Statelessness has remained a long-standing issue in Kenya, affecting communities that have lived in the country for decades but lack formal recognition as citizens.

If enacted, the proposed amendments could help create a clearer pathway for such residents to regularise their status and eventually acquire Kenyan citizenship.