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Article 78

Citizenship and leadership

In plain English

Only Kenyan citizens can be elected or appointed to State office, and State officers and members of the defence forces cannot hold dual citizenship. Neither rule applies to judges, members of commissions, or people made citizens of another country without the ability to opt out.

The official text

(1) A person is not eligible for election or appointment to a State office unless the person is a citizen of Kenya.

(2) A State officer or a member of the defence forces shall not hold dual citizenship.

(3) Clauses (1) and (2) do not apply to—

(a) judges and members of commissions; or

(b) any person who has been made a citizen of another country by operation of that country’s law, without ability to opt out.

Questions this Article answers

YesCan I hold another country's citizenship and still be Kenyan?Yes for citizens by birth: the Constitution says they do not lose Kenyan citizenship by acquiring another country's. For other citizens, an Act of Parliament sets the rules.

Summaries and answers are a plain-English guide written by Iam254, not legal advice. The official text is what counts. Official text: Constitution of Kenya, 2010, Kenya Law (National Council for Law Reporting), legislation as at 3 September 2010. It has not been amended since.