Mwende Mwinzi, President Kenyatta’s nominee for the position of Kenyan High Commissioner to South Korea has filed a case seeking to block MPs from forcing her to renounce her United States citizenship.
In a case filed at the High Court on Tuesday, Mwinzi argues that forcing her to relinquish her US citizenship amounts to a violation of her constitutional rights.
In June, the National Assembly approved Ms. Mwinzi’s nomination but on condition that she gives up her US citizenship before taking up the position.
“My US citizenship was acquired by birth and as such, my citizenship or the process of opting in was a consequence of circumstances out of my control,” Mwinzi argues in an affidavit.
“I did not participate in the decision to be born in the US and I cannot “opt-out” of that decision. Article 78(3) (b) would only be applicable to people who opted in by applying for citizenship and renunciation would be the process of ‘opting out’,” she adds.
Mwende listed Foreign Affairs Cabinet Secretary Monica Juma and Attorney-General Kihara Kariuki as respondents in the case.
In court papers, Ms. Mwinzi’s attorneys argue that MPs have no power to add conditions to approved nominees.
“Nothing would have been simpler than disapproving her nomination from the onset but they did not. The National Assembly deemed her qualified and went ahead to confirm this by swearing her in just like the other nominees.”
“The National Assembly should, therefore, be stopped from putting a condition on the executive and the President’s role of picking its nominee. The condition that the petitioner is to be appointed only on the condition that she renounces her dual citizenship is unconstitutional, illegal and void,” they argue.
MPs insist that Mwinzi, a Kenyan and US citizenship holder, must renounce her American one before being deployed to Seoul.
MPs cite section 31(1) of the Leadership and Integrity Act, which bars persons with dual citizenship from holding State offices unless they renounce one.
“The petitioner has met the entire requirement necessary for her to be appointed as ambassador and even the committee confirmed her qualification to the position and yet they subject her to a condition unfounded in law,” her lawyers stated.
“Additionally, there are State officers such as judges and even MPs who are serving as such despite being holders of dual citizenship, it is therefore unfair to single out the petitioner herein and treat her unfairly in blatant violation of her constitutional right to equality and freedom from discrimination.”
Mwinzi, who was born in Milwaukee, Wisconsin, in 1971, is the founder of Twili Foundation, a charitable organization running programs for needy and vulnerable kids in Kitui County. She unsuccessfully contested for Mwingi West parliamentary seat in the last election.
Don’t renounce
Don’t renounce
There are so many qualified…
There are so many qualified kenyans without dual citizenship so no need to force her just disqualify her and give the job to another citizen, she has options of surviving in 2 countries while there are millions of kenyans with only 1 option= Kenyan loyalty
What about Triocitizenship?…
What about Triocitizenship? Stop complications. Just state that Kenyans are free to be Citizens of other countries and still keep their Citizenship. Likewise, people with foreign passports can become Kenya citizens and keep both passports. You must close down the office of duocitizenship. Because you have only the control of your Kenyan passport and rules. What machinery does the Government have to know who are Kenyan born duocitizens? Zero.
Dual citizenship is not a…
Dual citizenship is not a disability. It is actually nothing but a right to have two passports.
What do you expect she’s “in…
What do you expect she’s “in bed” with Jubilee. Ako na god-papa ama god-mama huko no wonder her bravery! She should be very ashamed of herself scrambling for a position like that when the law is clear and thinking that the whole diaspora is behind this kind of corruption and nepotism. THERE ARE SO MANY FOREIGN SERVICE OFFICIALS IN KENYA WHO HAVE DONE YEARS OF PREPARATION FOR THAT POSITION WHO ARE BEING DENIED BECAUSE OF HER. MWENDE MWINZI GO TO HELL! We know you can never renounce your US Citizenship! SO STOP PERPETUATING NEPOTISM AND CORRUPTION!
Wapo. You should first of…
Wapo. You should first of all grow up. Use proper language and don’t show people ignorant you are. You don’t have to friendship anyone to get a position. Once God’s favour is upon you, none can stop it. Mwende has God’s favor. What you say she did to get the position makes the public know you are like so.
Esther GERRARAHHIA!…
Esther GERRARAHHIA! GERRARAHHIA! Potelea mbali sana. Umekuwa Professor wa English wa social media? In that case then you should know that “in bed with” means being “in cahoots with” or being in an “undesirably close association with” not the literal meaning. Get your mind off the gutter! This IS NOT A POSITION SHE HAS EXPERIENCE IN AND IS NEITHER QUALIFIED FOR! NEPOTISTIC MWENDE! WHAT A SHAME! THEN YOU DARE DRAG GOD’S NAME IN THIS? GOD IS ASHAMED OF BEING ASSOCIATED WITH THE LIKES OF YOU AND MWENDE! HOW DARE YOU? GO BACK TO YOUR BIBLE AND READ OF HOW GOD DEALT WITH CORRUPT AND NEPOTISTIC PEOPLE LIKE YOU- ESTHER AND MWENDE MWINZI!
It’s a matter of choice…if…
It’s a matter of choice…if you want this job that bad and if that’s what it takes ,then renounce your us citizenship.
But seriously, how seriously ,many kenyans can do even better?
President UHURU, why didn’t you tap from the Kenyan masses who day and night hope and pray that they can get a chance like this? Please practice what you preach.
Now do u guys agree with me…
Now do u guys agree with me the educated folks r very stupid n idiots.Does it she reads our law which is clearly stated that u cannot serve the gava if u were born overseas in another country holding the dual.Waafrica kweli we remain stupid n idiots?As major tinga stated give the job to another kenyan born na hii mambo kwisha.
Do not renounce the US…
Do not renounce the US citizenship. If you have to drop anything, drop the Kenyan one.
Kwani alichagua kuzaliwa usa…
Kwani alichagua kuzaliwa usa? The law is grey about renouncing citizenship if you acquired it by virtue of birth in the US (or other foreign countries) to a parent or parents who have Kenyan citizenship.
No, it’s not.
The US…
No, it’s not.
The US government allows citizens born in the US to renounce their citizenship.
She is just a stupid woman.
No one can serve two masters…
No one can serve two masters. You are either black or white; day or night; hot or cold. You are either an American who will serve American interests or Kenyan who will serve Kenyan interests. Make a choice. Or the government needs to elect a Kenyan who has Kenyans interest at heart.
Name a foreigner who is representing American government who is not a citizen. Let the same laws in your country apply in ours.
Kenya is not a colony!!!
I don’t know how loud I can…
I don’t know how loud I can shout about Kenya’s leadership duocitizenship euphoria. They debated something they didn’t know. There should be nothing like duocitizenship in Government books. Only Citizenship by birth or naturalized. And the naturalized should only be in Government books because it was a process. In America, the only difference between natural and naturalized Citizen is that the latter cannot become President. Duocitizenship only means that Kenyans will no longer lose their Kenyan Citizenship. That is it. They must change the law. Mwende Mwinzi has every right to be anything she wants in Kenya and in the United States. Who will tell the Kenyan MPs that when we were fighting hard for duocitizenship, we only wanted Kenya to allow the diaspora to rise through the ranks out there without losing their Kenya citizenship because it was literally STUPID. Didn’t we witness the Kenyan Senator in Australia? Shame on you Kenyan leaders. Just copy and paste what you don’t know.
Exactly @Wanjambi. As you…
Exactly @Wanjambi. As you have said, Mwinzi is just a US Citizen who gained Kenyan citizenship through Naturalization. There is no reason she can not represent Kenya, if indeed she acquired Kenyan citizenship through process (rather than through birth). Likewise many Kenyans and other nationalities (some who are in these forum and their objections are more emotive than informed) gain US citizenship through naturalization; and can still take on many civil service jobs without renouncing their Kenyan or other citizenship. If the Kenyan law says otherwise then it is fallacious and needs amending.
A little reading for those…
A little reading for those like you @anon. Please note that no time frame is given. However since Kenya didn’t exist as a free nation prior to June 1963, I presume this applies to anything after Madaraka day. To simplify for you, my child is a citizen, by birth, of both these United States and the Jamhuri ya Kenya. If one of Mwinzi’s parents was Kenyan at the time of her birth, then she is a citizen of the Jamhuri. Read carefully and speak the words loudly if it helps in the cognitive process.
1) A person is a citizen by birth if on the day of the person’s birth, whether or not the person is born in Kenya, either the mother or father of the person is a citizen.
(2) Clause (1) applies equally to a person born before the effective date, whether or not the person was born in Kenya, if either the mother or father of the person is or was a citizen.
To summarize, if her father…
To summarize, if her father(Maluki Mwinzi) was a Kenyan,and he was, then she is, per the constitution of Kenya, a Kenyan by birth and not naturalization as you asserted.
If you really need the job…
If you really need the job stop thumbing your nose at the Kenyan government your employer.Why and what if any are her qualifications. Put an add out tomorrow and replace her .The judges and lawyers who will be forced to hear this case surely have better things to do like watch Nollywood movies.The fact that she is an American does not give her the right to do as she pleases in Rome behave like Romans no special treatment .Since when did a future employee dictate their employer terms of employment .Matiangi si umdeport like miguna miguna niaje.She is making a mountain out of a mole hill.Kelele mingi for nothing just quit if you do not agree to the terms
No big deal, renounce your…
No big deal, renounce your US Citizenship take the job and reapply later. You are US citizen by birth.