The State Department's note about the 'mother' needing to be genetically related is worth a chuckle. Back in 1952, it was difficult not to be genetically related to the person who bore you. The first egg donation didn't happen until 1983. I'll bet, if an actual case ever came up, it would be litigated.
In any case, it's a triviality of no consequence in the current case. It's just a handy way to needle birthers on the futility of their quest: Even if you somehow prove he was born in Mombasa, you still lose, because she wasn't validly married, and Section 309(c) ... blah, blah, blah.
You overlook the fact that a divorce in Kenya during this time requires only a simple statement from the man saying "I divorce you."
I think he was born in Canada, not Kenya. None of the evidence i've seen points to Kenya.
“The law does turn on marital status.”
What is your basis for this assertion? I just re-read the governing statute (USC 8, Section 1401) and find that it uses the term “parent”. Nothing about husband, wife, marital status, etc.