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Citizenship of an abandoned child found in Kenya

Constitution of Kenya and Kenya Citizenship and Immigration Act, 2011 · sources read 4 Oct 2026

A child found in Kenya who is, or looks, under 8 years old, and whose parents and nationality are unknown, is presumed to be a Kenyan citizen by birth. Anyone who finds such a child must take them to the government children's office.

Where
The government children's office (Department of Children's Services); the case then goes to the Children's Court
Read the law

Steps

  1. If you find such a child, take them to the government department for children (the children's office). If there is none nearby, take them to the nearest government office.
  2. The children's department investigates to find where the child comes from, which can include using the media.
  3. If the child's origin is not found, the department takes the case to the Children's Court to decide the child's age, nationality and parentage.
  4. The court can order that the child is presumed a citizen by birth and direct that the child be entered in the register of children presumed citizens by birth.

Watch out

  • This citizenship can be revoked if the child's parents or nationality later become known and show the child was a citizen of another country.
  • It can also be revoked if it later turns out the child was older than 8 when found.
  • Bringing a child into Kenya or helping to abandon a child so the child gets citizenship is a crime, with a fine of up to KSh 10 million, up to 10 years in prison, or both.

Who this covers

  • A child found in Kenya, under 8 or appearing to be, whose parents and nationality are not known.
Official sources (2)
  1. Constitution of Kenya, 2010 new.kenyalaw.org · read 3 Oct 2026
  2. Kenya Citizenship and Immigration Act, 2011 (No. 12 of 2011) new.kenyalaw.org · read 4 Oct 2026

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