Law Offers Hope To Reclaim Citizenship

Nairobi, Kenya - Kenyans who might have given up their citizenship have been given a second chance in the Proposed Constitution.

Many acquired other countries citizenship to pursue greener pastures or escape political persecution, but the Proposed Constitution makes them eligible for dual citizenship.

Women married to foreigners and who were formerly compelled to surrender Kenyan citizenship would also benefit.

Under the current Constitution, only children born of Kenyan fathers are entitled to citizenship, but the Proposed Constitution allows those born by Kenyan mothers and fathers to be Kenyans by birth.

Foreigners married to Kenyan women will also be considered for citizenship upon application, but Parliament will decide on whether they should be allowed to enjoy dual citizenship.

The Committee of Experts (CoE) defends its decision to include all Bill of Rights provisions, including the one on information.

Right to information

While tabling the report, CoE Chairman Nzamba Kitonga said: "This is a right not currently guaranteed in the Constitution and couching it in this fashion ensures entrenchment."

The experts say the right to information remains crucial and an important check on Government excesses, especially in the proposed presidential system.

The CoE expressed concern the PSC draft collapsed the rights attributed to marginalised and vulnerable groups such as children, women, youth, and persons with disabilities and marginalised communities.

The draft also proposes establishment of an equality commission, but leaves an opening to Parliament to in future create avenues for establishment of independent commissions to deal with economic, cultural and social rights.

The experts agree with the PSC that life begins at conception, but advocates leeway for abortion to save a mother whose life is in danger.

CoE also defend the decision to retain creation of an the anti-corruption commission, saying it will protect the body from being declared unconstitutional.

Source: http://www.standardmedia.co.ke/InsidePage.php?id=2000004621&cid=4&