Replies

"However, the United Kingdom accepted polygamy claims in Kenya and its citizens as it was typical of its colonial rule to accept localized culture."

False on all counts, IMO:

• 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:

“(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

• The Illegality/Un-Constitutionality of Dual Citzenship

Sunday, December 27, 2009 10:00:02 PM • 28 of 28 Seizethecarp to PugetSoundSoldier

“Yet you can be granted citizenship by other nations, and it will be accepted. So is the problem with dual citizenship or not?”

NBC is a condition of birth which is impervious to foreign claims. If a person, after the age of majority undertakes to acquire and is granted citizenship of another country, that has nothing to do with and does not negate NBC status. “The problem” with Obama is that his stated biography (assuming a non-bigamous marriage of his parents) with his UK subject father would make Barry “governed by the BNA of 1948” and thus a dual UK-US citizen at birth. Barry would be a native born citizen (born on US soil if, indeed, he was) but not a natural born citizen, according to some constitutional scholars.

If Barry's parents had a bigamous marriage due to his father's previous Kenya marriage to Kezia, Barry would be the illegitimate son of a legally single US citizen mom and would be NBC under US law because he would not be a dual citizen. The BNA of 1948 does not pass citizenship to illegitimate children.

If Barry were actually born in Kenya and his HI vital record came about as a result of a fraudulent report of a home birth or some sort of post-birth amendment (so far hidden by HI vital records due to Barry refusing a release) Barry would not be NBC or even a US citizen due to the age of his mother under US law at the time.

Your reference to the Kenya Marriage Act of 1902 would be a valid one. Unfortunately it only applies to marriages licensed in Kenya. Tribal marriages are not considered binding in Kenya as they have never been licensed. Therefore Obama's tribal marriage to his three other wives, albeit polygamous in certain situations, were not legally binding.

Nevertheless, marriage to Dunham is irrelevant to Obama's citizenship. Based on citizenship law in the United Kingdom (Part II of the Nationality Act, 1948):

5.—(1) Subject to the provisions of this section, a person born after the commencement of this Act shall be a citizen of the United Kingdom and Colonies by descent if his father is a citizen of the United Kingdom and Colonies at the time of the birth