In Barry's case, he either was born in Kenya or his father registered his birth at a UK Consulate within 12 months of his birth. Either one, in my opinion, put him in a tough spot because there can be no claim of "well, I had no control over what some other country was doing... it was automatic,"
No it wasn't. Either it was because he was physically there or because his father specifically acted to place him under the jurisdiction of the Crown. And that, my friends, is not good.
Now, the burden of proof as to citizenship has shifted and the claimant of NCB must prove it. Cough up the docs, Barry, or go home to Mombassa.
THE BRITISH NATIONALITY ACT 1948
part 2 SECTION 5
CITIZENSHIP OF THE UNITED KINGDOM AND COLONIES: Citizenship by birth or descent
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 his birth.
Provided that the father of such a person is a citizen of the United Kingdom and colonies by descent only, that person shall not be a citizen of the United kingdom and colonies by virtue of this section unless:
(a) That person is born, or his father was born, in a protectorate, protected state, mandated territory or trust territory or any place in a foreign country where by treaty, capitulation, grant, usage, sufferance, or other lawful means, His Majesty then has or had jurisdiction over British subjects; or
(b) That person’s birth having occurred in a place in a foreign country other than a place such as mentioned in the last foregoing paragraph, the birth is registered at a United Kingdom consulate within one year of its occurrence, or with the permission of the secretary of State, later; or
(C) That persons Father is, at the time of the birth, in crown Service under His Majesty’s government in the United Kingdom; or
(d) That person is born in any country mentioned in subsection (3) of section one of this Act in which a citizenship law then taken effect and does not become a citizen thereof on birth.
5—(2) If the Secretary of State so directs a birth shall be deemed for the purposes of this section to have been registered with his permission notwithstanding that his permission was not obtained before the registration.
It is important to remember two things that affect the interpretation of this Act.
1 Obama Sr., was born in Nyangoma-Kogello, Siaya district, Kenya in 1936. He was a member of the LUO tribe and grew up in the village of Alego-Kogello, and therefore a British Citizen. Thus, his Children where also British Citizens, since Kenya was a British colony until 1963. When Jomo Kenyatta became its first President, Obama Sr. returned to his homeland and became a minor civil servant in the new government. Both he and his son became citizens of Kenya at the behest of the new government.