The National Intelligence Service (NIS) has warned MPs that many aspects of the Kenya Citizenship and Immigration (Amendment) Bill, 2024 will threaten the country’s security if it is made law.
The Bill raises questions around everything from porous borders to the exposure of citizens to terrorism.
According to sources in Parliament, immigration department intelligence officers are uncomfortable with the draft law’s blanket provisions and have urged lawmakers not to pass it in its current form.
Suba South MP Caroli Omondi.
Photo credit: Dennis Onsongo | Nation Media Group
Sponsored by Caroli Omondi, the MP for Suba South, the Bill seeks to allow individuals of Kenyan descent born outside the country to acquire citizenship through ancestry, subject to various conditions.
However, the Nation has learnt that NIS officers in charge of immigration centre want the Bill amended so that citizenship is only granted to individuals who come to the country to invest.
Happening at a time when the US President Donald Trump has been deporting illegal immigrants his administration has generally labelled 'criminals' to poorer countries, there are concerns that such a Bill would facilitate the resettling of individuals with questionable backgrounds, who can claim Kenyan ancestry.
Another reason for the delay in considering the Bill is that intelligence services have warned Parliament that allowing anyone claiming Kenyan roots to return and acquire citizenship would pose a security risk, particularly from unstable neighbouring countries.
According to the report, passing the Bill in its current State would compromise the country's security, particularly at borders with neighbouring countries experiencing turmoil. Several of Kenya's neighbours, such as Somalia, are experiencing instability.
“They say the Bill will make our country vulnerable especially from neighbouring countries because our borders will be more porous,” said the source.
Mr Omondi told Nation that he has been briefed by the Administration and National Security committee which is considering the Bill about the reservations raised on it, but maintained that he will not amend it.
“I have been briefed about the reservations but I still stand with my Bill in its current form. I will not amend it,” Mr Omondi said.
According to the Standing Orders, if the committee rejects the Bill based on the intelligence report, then it will be taken to the speaker to look at the validity of reasons raised by the committee and will take it to the House for members to make a final decision on it.
“I will not allow my Bill to die at the committee level,” Mr Omondi said.
The proposed amendment states that individuals born outside of Kenya who can prove Kenyan ancestry may apply for citizenship, provided they fulfil certain conditions, such as verifying their ancestry and providing evidence that they have not been convicted of a criminal offence or sentenced to imprisonment for a term exceeding six months.
Other conditions include providing proof of reasonable financial resources and of the ability to make substantial contributions to the development of Kenya through investment or other related ventures.
These conditions are intended to deter criminals from entering the country and not adding any economic value.
Before determining the ancestry of an individual eligible to apply for Kenyan citizenship, the Bill provides that a genetic genealogy will be conducted by Kenyan authorities.
Genetic genealogy involves using DNA testing in combination with traditional genealogical and historical records.
This method uses genealogical DNA, together with documentary evidence and family history profiles, to determine biological relationships between individuals.
Article 15 of the Constitution provides for citizenship by registration, whereby a person can apply for Kenyan citizenship if they meet certain criteria, such as having been married to a Kenyan citizen for at least seven years; having lawfully resided in Kenya for more than seven years; or having been adopted as a child by Kenyan citizens.
Article 16 of the Constitution further highlights that a Kenyan citizen by birth retains their citizenship even if they acquire the citizenship of another country.
Kenya is seeking to become the third African country after Ghana and Nigeria to introduce such a provision into its laws.
President William Ruto inspects section 1 of the 257km Lamu-Ijara-Garissa road on February 7, 2025.
Photo credit: PCS
Last February, President William Ruto abolished the mandatory vetting of ID applicants in the North Eastern region and other border counties, saying the vetting process had discriminated against people in the region.
However, opposition leaders criticised the move, arguing that removing the 60-year-old security measure could allow non-citizens, including Al-Shabaab militants, to easily obtain Kenyan identification, thereby compromising national security and influencing the 2027 General Election.
The opposition also claimed that the President's move is aimed at increasing the number of people who will vote for him in the 2027 elections.
According to the opposition, having realised that he is facing imminent defeat in 2027, the President now wants to rely on foreigners to bolster his support.
Trans Nzoia Governor George Natembeya, who is also the former Rift Valley regional commissioner, pointed out that while the move may seem beneficial in the short term, it will have long-term consequences for national security.
“If you allow people to just walk in and get IDs without vetting, how will you distinguish between a Somali from Somalia and a Somali born and bred in Wajir, Garissa, Mandera, or Trans Nzoia? There’s no difference—the clans are the same, the language is the same, the religion is the same, and the culture is the same,” he said.
