Definition of the term “domicile,” examples and types of domicile

This is the country of permanent residence.
It is the country in which a person has or is deemed by law to have a permanent home.
Kenyan law on domicil is contained in the Law of Domicil Act, Cap 37.
Under the provisions of this Act there are three types of domicil namely.

  • Domicil of origin: this is the domicil a person acquires at birth e.g. a legitimate infant acquires the fathers domicil while an illegitimate infant acquires the mothers domicil.
  • Domicil of dependence: this is the domicil of dependants. The domicil of thedependant changes with that of the other person e.g. the domicil of an adopter infant depends of that of the adopter while that of an illegitimate infant depends on that of the mother.
  • Domicil of choice: this is the domicil a person acquires by choice. Every person of sound mind, who is not a minor has capacity to acquire a domicil of choice by: Taking up residence in the country of choice. Having an intention to make the country his permanent home.
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