Domicil of Origin | Domicil of Choice |
· This is the domicil which a person acquires at birth.
· Under Kenyan law a person acquires a domicil or origin as a matter of course. For example. · A person born legitimate acquirers the domicil of the father.
· A person born illegitimate acquires the domicial of the mother. · An infant legitimated by the marriage of its parents the domicil of the father.
· A person born posthumously acquires the domicil of the father as at the date of death. · An adopted infant acquires the dominal of the adaptor. · Domicil of origin cannot be lost. It can only be suspended when a domicial of choice is acquired. |
· This is the domicil which a person acquires by choosing which country to make his permanent home or residence.
· Only a person who has attained the age of majority and has the requisite capacity can acquire a domicil of choice. · The person must: o Take up actual residence in the country of choice. o Have an intention of making the country his permanent house. · Once a person acquires this domicil, the domical of origin is held in abeyance but is reverted to if the domicil of choice is lost. |