The National Assembly is set to appeal a ruling by the High Court that declared that President Kenyatta’s nominee for Kenya’s High Commissioner to Seoul, South Korea cannot be forced to renounce her American citizenship.
In a ruling dated November 14th, Justice James Makau noted that an ambassador is not a State officer, but a public officer and hence is not required by law to relinquish one of his or her citizenship.
Justice Makau also ruled that even if the petitioner [Mwende] had been appointed to a State office, she is protected under Article 78 of the Constitution, adding that being an American citizen by birth, she cannot opt-out.
“No one chooses [his or her] place of birth or parents,” said Justice Makau who was also of the opinion that a dual citizen holder should not be a diplomat over national security concerns.
“…the risk of dual citizenship may jeopardize the national interest of the Republic of Kenya against the interest of the foreign state,” said Justice Makau.
The National Assembly’s appeal is based on what it terms as ambiguity in Justice Makau’s decision and wants the Appeals Court to pronounce itself on the matter. Mwende, who was born in the US, is a dual citizen of Kenya and America.
“Whereas the judge finds that the petitioner is protected by the law under Article 78(3) (b) of the Constitution, on the other hand, he finds that a person with dual nationality ought not to be a diplomat in order to safeguard the interests of the sending state, including national security,” a brief prepared by Parliament’s legal department to Speaker Justin Muturi states.
“To this end, it may be necessary for the National Assembly to file an appeal on the finding of the High Court that the petitioner is protected from the requirement to renounce her US citizenship in order to hold the position which she was nominated for.”
In June, MPs approved Mwende’s nomination to the position but on condition that she renounces her US citizenship in line with the Constitution. MPs cited section 31(1) of the Leadership and Integrity Act, which bars persons with dual citizenship from holding State offices unless they renounce one.
Don’t these Mpigs have…
Don’t these Mpigs have something Else and Better to do? Or is because majority of them have never been Out of the country to begin with and have never been Citizens of other countries? Or it just Greed, Fleece, and Laziness?
There is something fishy or…
There is something fishy or deeper here now, they are very persistent on this issue or non-issue for that matter. What are the rules for US citizens who become part of a foreign government? Never seen the M-pigs be this persistent even with their pay raises & allowances.
It is neither greed…
It is neither greed stupidity or boredom it is about withholding the laws of Kenya.This woman cannot represent Kenya in matters of national security whereas still owing allegiance to her place of birth.We are not talking about some job somewhere an ambassador is the the president’s representative their allegiance should always be to their home country this woman has never even lived in Kenya live alone having the proper documentation .She is NOT qualified does not deserve the job and should not get the job.
I hope they fail. Them being…
I hope they fail. Them being real citizens have nothing to show of. Bure kabisa!
“No one chooses [his or her]…
“No one chooses [his or her] place of birth or parents,” said Justice Makau who was also of the opinion that a dual citizen holder should not be a diplomat over national security concerns.
very confusing.i agree no one chooses his or her birth place but Since she is holding dual citizenship how is she being elected for the diplomatic office then??dual citizen holder should not be a diplomat over national security concerns.