Kenya Protectorate (Jubaland Kismayu and Port Durnford)

Kenya Protectorate

The Kenya Protectorate was a British Protectorate up to 11.12.1963. You could be eligible for British citizenship if you were:

• Born between 01.01.1949 and 31.12.1982, a parent was born in the Kenya Protectorate or the Kenya Colony before 11.12.1963 and that parent had a parent born in the UK; OR
• Born between 01.01.1949 and 11.12.1963 in the Kenya Protectorate or the Kenya Colony, and you have a UK-born grandparent

There are hundreds of other ways to qualify. As a general rule, if you were born in a country that is different to either parent or any of your grandparents, or you have a connection back to the UK, Ireland or a former British Territory, then you might have a claim.

How can I find out if I can claim British nationality?

We suggest following our 4 STEP PROCESS, designed to simplify the complex laws of British nationality and to avoid uneccessary and expensive application fees, to find your answer:

Step 1: Dertermine whether you have a Standard Route (birth in the UK before 1983, or a parent born in the UK before 1983)
Step 2: If not, complete our free Nationality Assessment
Step 3: Order a free Status Trace
Step 4: Conduct a Citizenship Report

 

NOTE 1:  Kenyans with an Indian parent or grandparent have a real possibility of being granted one of the five forms of British Nationality. Indian Kenyans have enhanced UK Nationality prospects.

NOTE 2:  Because of how the Constitution of Kenya determined how Citizenship was granted, Kenyans with a parent or grandparent born OUTSIDE of Kenya have a real possibility of being granted one of the five forms of British Nationality.

STATUS OF KENYA

Prior to 22.07.1920, the area now known as Kenya was called the East Africa Protectorate, in which the Crown held extra-territorial jurisdiction.

From 1920, the Protectorate was split into two, a Colony and a Protectorate.

Kenya gained independence from the UK on 12.12.1963, at which point it was an independent Commonwealth country.

KENYA COLONY

From 23.07.1920 until 31.12.1948, the Kenya Colony fell within the Crown’s Dominions.

From 01.01.1949 until 11.12.1963, the colony formed part of the UK and Colonies. As a general rule, any person born in the Kenya Colony between 01.01.1949 and 11.12.1963 was a Citizen of the UK & Colonies.

Click here for more information on the status of Citizen of the United Kingdom & Colonies (CUKC), a status achieved by birth in the Colony.

KENYA PROTECTORATE

From 1921 to 30.04.1925 (Jubaland, Kismayu and Port Durnford) and from 1921 to 11.12.1963 (Mainland Strip, Lamu and Patta), the area was a British Protectorate in which the Crown exercised extra-territorial jurisdiction. As a general rule, any person born in the Kenya Protectorate between 1921 and 11.12.1963 was a British Protected Person.

Click here for more information on the status of a British Protected Person (based on birth in a British Protectorate).

Birth in the Kenya Colony

If a person was born in the Kenya Colony BEFORE Independence, then they automatically became a Citizen of the UK & Colonies (a CUKC). On Independence Day, the Kenyan Constitution dictated who became Kenyan citizens and who did not. If neither parent was born in an area that made up modern-day Kenya, then that person did NOT get Kenyan Citizenship on Independence. Likewise, if that person's father OR Paternal Grandfather was born anywhere which remained a UK Colony, Protectorate or Protected State AFTER Independence (with the exception of Northern Rhodesia), then that person would also NOT become a Kenyan Citizen. Finally, if that person's father or Paternal Grandfather was naturalised or Registered in a place that remained part of the UK & Colonies on Independence, then that person would also NOT get Kenyan Citizenship.

In these circumstances, this person would become a British Overseas Citizen (BOC). It is possible under some circumstances to upgrade a BOC into full British Citizenship.

Birth in the Kenya Protectorate

If a person was born in the Kenya Protectorate BEFORE Independence, then they automatically became a British Protected Person (a BPP). On Independence Day, the Kenyan Constitution dictated who became Kenyan citizens and who did not. If neither parent was born in an area that made up modern-day Kenya, then that person did NOT get Kenyan Citizenship on Independence. Likewise, if that person's father OR Paternal Grandfather was born anywhere which remained a UK Colony, Protectorate or Protected State AFTER Independence (with the exception of Northern Rhodesia), then that person would also NOT become a Kenyan Citizen. Finally, if that person's father or Paternal Grandfather was Naturalised or Registered in a place that remained part of the UK & Colonies on Independence, then that person would also NOT get Kenyan Citizenship.

In these circumstances, this person would become a British Protected Person (BPP). It is possible under some circumstances to upgrade a BPP into full British Citizenship.

Birth in modern-day Kenya

If a person was born in Kenya AFTER Independence, then they would assume Kenyan Citizenship as long as the rules applicable set out in the Constitution apply. However, it is possible to become a BPP By Descent if born BEFORE October 1965 and if their father was born in the Kenyan Protectorate and would have become a BPP (as above).

Birth outside of modern-day Kenya

If a person was born outside of Kenya AFTER Independence, then they would assume BPP by Descent  status if born BEFORE 16.08.1978 and if their father was born in the Kenyan Protectorate and would have become a BPP (as above).

In Summary

To investigate whether an applicant has any entitlement to any of the five forms of British Nationality, the status of your parents needs to be established, and this then needs to be brought forward to the present day, and a British Passport issued accordingly.