Define the term “domicile” and citing examples, explain three types of domicile

Domicile:
• This is the country of permanent residence.
• It is the country in which a person has or is deemed law to have a permanent home.
• Kenyan law on domicile is contained in the Law of Domicile Act, Cap 37.
• Under the provisions of this Act there are three types of domicile namely.
o Domicile of origin: this is the domicile a person acquires at birth e.g. a legitimate infant acquires the fathers domicile while an illegitimate infant acquires the mothers domicile.

o Domicile of dependence: this is the domicile of dependants. The domicile of the dependant changes with that of the other person e.g. the domicile of an adopter infant depends of that of the adopter while that of an illegitimate infant depends on that of the mother.
o Domicile of choice: this is the domicile a person acquires choice. Every person of sound mind, who is not a minor has capacity to acquire a domicile 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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