“It seems intuitively likely to me that, during those volatile times just prior the establishment of Kenyan independence, that African-Born-in-Kenya law would be chosen over European-Born-in-Kenya law.”
The following is a minor point and it is obviously strictly a conjecture on my part.
Back in 1961, I think Kenyan BUREAUCRATS, either at the hospital or province level, probably would have had the greatest influence in determining which law (African-Born-In-Kenya or American/European-Born-In-Kenya) would be followed in the case of BHO’s birth to a Kenyan father and American mother at CPGH in Mombasa.
However, IF either of the parents had any say whatsoever in the matter, I think it likely that BOTH the father and the mother would have chosen to have the birth treated under the African-Born-In-Kenya law.
The FATHER would have been proud to have his son, and newest member of the Luo tribe, considered African. The MOTHER would have wanted the simplest and least conspicuous record possible for her son and that would be for him to be considered African. After all, she was planning on phoning her mom in Hawaii as soon as possible to get little BHO set up with an easily-obtainable Hawaiian BC, with all the perks afforded American citizens.
As usual Lucas is making a fool of himself. He is now spreading his incredible discovery(which I “passed” him here at FP) as proof that only hospitals issued BC’s in 1961. Baloney ! And let’s see why. Correctly Lucas understands that gvt issued BCs where in Colonial Times mandatory only for Europeans and Americans (clearly we must understand white Americans). He believes that Kenyan where prohibited from acquiring BCs frome the public registrar. False ! All kenyans where entitled, only it was not mandatory. Wht do I need ? I need some evidence about black Kenyans holding Birth Certificates from before the 60’s. Well here they arem reliable official source. Enjoy Mr.Lucas:
http://www.kenyalaw.org/update/index.php
Kenyalaw
http://www.kenyalaw.org/family/case_download.php?go=65870173057584911304043
a man exhibits his bc and bn from 1969 in a Kenya Court
“He testified that he was born on 29th
of September 1969 the day his father RKG died. He produced his birth
certificate and notification of birth in evidence as defence exhibit No. 1
(a) and (b).”
http://www.kenyalaw.org/Hansard/download.php?file=../Downloads/Hansard/2006/05/Wednesday,%203rd%20May,%202006%20-%20Afternoon.pdf
birth, you are entitled to birth certificate and at the age of 18, you should apply for an ID card. However, most people do not bother to apply
you are entitled to a BC
many don’t bother
http://www.kenyalaw.org/CaseSearch/case_download.php?go=24300368939474108448106&link=
a bc from 1944
November 1995. the plaintiff also produced his identity and birth certificate showing that the plaintiff was born in 1944
http://www.kenyalaw.org/family/statutes/download.php?file=The%20Children%20Act,%202001.pdf
http://www.kenyalaw.org/CaseSearch/view_preview.php?link=752700757648227293492&words=
court ruling
There is one additional factor that would tend to sway the Kenyan bureaucrat’s decision to process BHO’s birth under the “African-Born-In-Kenya” law. This would result from the historical and virtually universal tendency of countries to trace inheritance down through the FATHER, who in this case was African. It seems likely that this tendency would be especially strong in largely patriarchal countries such as Kenya.
She may not have been planning that. But that doesn't mean that grandma didn't do that as soon as the little Red, called mama to tell her she was a grandma. Said "call" might have been a telegram, given the location and the year.
I doubt bureaurcrats decided how to register the child. Here is a link to the U S State Dept regulations concerning birth abroad to one citizen & one alien parent in wedlock. Pay attention to the dates of birth. http://travel.state.gov/law/info/info_609.html
His mother could not convey auto citizenship on him, she was too young. She was supposed to submit proper forms for him to be Naturalized but she didn’t. She simply had his birth registered in Hawaii to skirt around the requirements. That is why I say he is an illegal alien, citizen of Kenya, not even a duel citizen