Kenya colony british citizenship by descent

[Thea]

Hi
I'm trying to find information on the Kenya independence act of 1964.
My mother was born in the Kenya colony 1954, her mother was born in seychlles(1935), her father in kenya(1922), maternal grandfather born in the UK, paternal grandfather born in South Africa. All their birth cerificates say:British. I only have the UK born maternal grandfathers british passport.
From what Ive read at independence in Kenya everyone became Kenya citizens except those with links to the UK, they became cukc and in 1983 obtained uk citizenship. The link required seems to be paternal only, therefore the maternal side from seychelles and the UK does not count? It seems either gender bias or I'm not finding the right info.
Please help

[secret.simon]

Apologies for deleting my earlier post, which was incorrect in some points.

At Kenyan independence, the status of CUKC was lost automatically on acquisition of Kenyan citizenship (Section 2(2) of the Kenyan Independence Act 1963). Citizenship of Kenya was automatic if one of the parents was born in Kenya (Section 1 of the Kenyan Independence Constitution).

So, it is likely that your mother retained her CUKC status after Kenyan independence.

People who were CUKCs before 1983 only became British citizens if either of their parents were born in the UK or they in thier turn were born to a parent born in the UK. See Section 11(1) of the British Nationality Act 1981 read with Section 2(1) of the Immigration Act 1971 as enacted.

As the maternal grandfather of your mother was born in the UK, she would have been a CUKC with Right of Abode under Section 2(1)(b)(ii) of the Immigration Act 1981 as enacted. She should thus have become a British citizen at commencement in 1983.

Provided she has documentary proof of this entire chain (all birth and marriage certificates leading up to her maternal grandfather), she can apply for a British passport directly. Records of births, marriages and deaths within England and Wales can be ordered from the General Register Office. Scotland and Northern Ireland have their own registers.

[Thea]

Hi
Thank you for the very informed reply.
I have made the application on behalf of my mother for a passport but it was rejected. I will copy the reply I received below. It is due to her mother being british and not her father and that citizenship could only pass through the father? Ive read the mentioned acts and I think I should challenge the passport rejection. Do you agree? (Do you have a recommended lawyer?)

This is what I received from the passport office:

Due to Nationality Acts in 1948 and 1981 and countries independence dates the rules change.
The 1948 Nationality Act would only allow nationality to be taken through a married father, not a mother as it does now.
Seychelles went independent 29/6/76 so the rules changed again then.
Kenya went independent 12/12/63 – Your mother could not take her nationality from her mother and as her father was South African she appears to have no claim.

[noajthan]

In that case does this help? - mom may have to register as a citizen first ...

Use ‘Form UKM’ to apply to register as a British citizen if you were born before 1983 to a British mother.

You can only apply if you would automatically have become a British citizen on 1 January 1983 if women were able to pass citizenship on to their children at the time of your birth.

Ref https://www.gov.uk/government/publicati ... n-form-ukm

[Thea]

Hi
Thank you for his. My understanding is that UKM is for citizenship by descent only. Which would mean that my mother can not pass it to me.
Is this how you read it as well?

[noajthan]

Hi
Thank you for his. My understanding is that UKM is for citizenship by descent only. Which would mean that my mother can not pass it to me.
Is this how you read it as well?

Yes I believe so.
I thought the aim was to get your mom her well-deserved citizenship.

To dig in to questions around the children of British citizens by descent you can get a handle on it here:
https://www.gov.uk/government/uploads/s ... r_2015.pdf

[Bornfreeshotlater]

Good day all

I was born in Nairobi, Kenya in December 1962. My mother was also born there in December 1933.

I don't have family, they have passed away.

I have a birth certificate only for me, and British passports belonging to my late parents. They are very old. The passports I mean. I have no passport as I was a child when we left. My South African passport has expired.

Do I qualify for British citizenship because I was born in Kenya? Do I qualify by descent?
Thank you!