I believe he was born in Kenya and if he was I don’t believe he has any claim to an Americam citizenship at all, only a Kenyan citizenship. The second paragraph of the following link is the one that applies here. Note the birth dates as to the prevailing application.
http://travel.state.gov/law/info/info_609.html
Plural marriages are legal in Kenya, therefore, his birth would be “in wedlock.” Since his mother was too young to convey auto-citizenship on him, he would be strictly a Kenyan. His mother could have submitted the correct forms to give him NATURALIZED status but that would have still disqualified him to be potus.
I don’t believe she did file the forms for his citizenship because of the fraudelent birth registration in Hawaii. I submit he isn’t an American at all but an illegal alien.
It does not appear to me that plural marriages were legal in UK Colonial Kenya, especially in the predominantly non-Muslim Lake Victoria part of Kenya where Obama Sr and Kezia were from. The Kezia marriage was a tribal, not Muslim marriage.
The part of Kenya that is predominantly Muslim is in the former Kenya Coast Province (including Mombasa) which was leased by the UK from the Sultan of Zanzibar at the time Obama II was born.
Note that the 1948 BNA explicitly excludes illegitimate children from receiving UK citizenship (UK Kenya Colony citizenship in this case).
It is not at all clear what BHO II's citizenship status would be if he was born in Kenya to the bigamously married white second wife of BHO Sr. Unfortunately it appears to me that only litigation in the UK and HI, given full access to Kenya and HI records and witnesses surrounding the birth, could resolve his citizenship status.
The Kenya Marriage Act specifically makes plural marriage illegal after tribal marriage and even for Muslims specifically mentioning them.
• See Kenya Marriage Act of 1902 paragraph #49:
49. Whoever contracts a marriage under this Act, being at the time married in accordance with native law or custom or in accordance with Mohammedan law to any person other than the person with whom such marriage is contracted, shall be guilty of an offence and liable to imprisonment for a term not exceeding five years.
kenyalaw.org/family/statutes/...?file=The+marriage+act.pdf
• BNA of 1948 Legitimation of persons born out of wedlock:
23.—(1) A person born out of wedlock and legitimated by the subsequent marriage of his parents shall, as from the date of the marriage or of the commencement of this Act, whichever is later, be treated, for the purpose of determining whether he is a citizen of the United Kingdom and Colonies, or was a British subject immediately before the commencement of this Act, as if he had been born legitimate.
(2) A person shall be deemed for the purposes of this section to have been legitimated by the subsequent marriage of his parents if by the law of the place in which his father was domiciled at the time of the marriage the marriage operated immediately or subsequently to legitimate him, and not otherwise.
http://www.uniset.ca/naty/BNA1948.htm
“(2) Subject to the provisions of section twenty-three of this Act, any reference in this Act to a child shall be construed as a reference to a legitimate child; and the expressions “father”, “ancestor” and “descended” shall be construed accordingly.”
http://www.uniset.ca/naty/BNA1948.htm