State considers law overhaul to protect former citizens

The government is considering sweeping reforms to Kenya’s immigration framework to accommodate citizens who relinquish their nationality in pursuit of opportunities abroad.

Prime Cabinet Secretary Musalia Mudavadi raised concerns that existing laws, which he criticised, have failed to reflect the realities of a globally mobile Kenyan workforce.

“Many Kenyans are prepared to renounce citizenship to pursue professional residency or economic opportunities abroad, Yet, once citizenship is lost, they fall within the same regulatory framework applicable to foreign nationals,” he said.

This emerged in Nairobi on Thursday during the launch of the second edition of the book Migration Law and Practice in Kenya, in remarks delivered through National Government Coordination Principal Secretary Ahmed Ibrahim.

Mudavadi noted that despite formally losing citizenship, many such individuals retain deep ties with Kenya, investing, supporting families and contributing to national development through skills, capital and global networks.

The proposed reforms aim to create a differentiated immigration status for former Kenyan citizens and diaspora populations with enduring links to the country. He said this could include tailored residency rights, obligations and legal protections distinct from those applied to ordinary foreign nationals.

He also pointed to limitations within the current permanent residence regime, particularly a rule that revokes status if a holder remains outside the country for more than two years.

He said Kenya was now pushing for a more flexible system recognising the transnational nature of modern migration and diaspora engagement, noting that the new publication identifies structural gaps, policy challenges and institutional weaknesses requiring reform.

Author Rose Muigai said she was inspired by challenges Kenyans faced in the United Kingdom while pursuing her bachelor’s degree.