A Kenyan citizen is a citizen by birth if that citizen–
- (1) acquired citizenship under Article 87 or 88 (1) of the former Constitution; or
- (2) would have acquired citizenship if Article 87 (2) read as follows:
“Every person who, having been born outside Kenya, is on 11th December, 1963 a citizen of the United Kingdom and Colonies or a British protected person shall, if his father or mother becomes, or would but for his or her death have become, a citizen of Kenya by virtue of subsection (1), become a citizen of Kenya on 12th December, 1963.”