Kenya - Passport & Nationality - British Nationality in Kenya

We cover three scenarios:

• You are a Kenyan Citizen, and a parent or grandparent was born in British India when it formed part of the British Empire

• A Parent or Grandparent was born in the UK

• You are an Kenyan Citizen with NO links to the UK or Asia.

If you are NOT a Kenyan Citizen, but a parent or grandparent was born in the Kenya Colony or Kenya Protectorate, then we suggest that you complete our online Nationality Assessment.

You could be eligible for BRITISH NATIONALITY in the following circumstances:

• You are LIVING IN THE UK on a valid visa and intend to Naturalise as a British Citizen in due course. Read more about British Citizenship through Residency.

• You were BORN IN THE UK* (or Northern Ireland) before 1983. You will have been classified as British Otherwise than by Descent, can hold a British Passport, and can pass British Nationality to your children, irrespective of where these children are born. Read more about British Nationality by Birth.

• You have a PARENT* (a father or mother) who was Naturalised in the UK before your birth, or who was born in the UK (or Northern Ireland) before 1983. Your parent will have been classified as British Otherwise than by Descent, hold a British Passport, and they can pass British Nationality to their children, irrespective of where these children are born. Read more about British Nationality by Descent.

• You are UNDER 18. Read more about the British Nationality rights of children under the age of 18.

* It gets more complicated if:

• Your parentsweren’t married at the time of your birth; or 
• You (or a parent) were adopted.

As a Kenyan Citizen, you are eligible for the UK Work Permit if you have a job offer in the UK or specific skills that are in demand in the UK.

A Grandparent born in the UK

Kenya gained its Independence on 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;
• Born between 01.01.1949 and 11.12.1963 in the Kenya Protectorate or the Kenya Colony, and you have a UK-born grandparent;
• Born after 31.12.1982, a parent was born in the Kenya Protecorate before 1949 and that parent had a UK-born grandparent; OR
• Born after 31.12.1982, a parent was born in the Kenya Colony before 11.12.1963 and that parent had a UK-born grandparent.

How can I find out?

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

 

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).

Complete our Nationality Assessment

To find out whether you or your children might have a claim, take a couple of moments to complete our FREE online passport assessment.