Diaspora Kenyans Petition Parliament to Amend ‘Discriminatory’ Citizenship Law

Kenyan citizens living abroad have petitioned the Kenyan Parliament to modify a law that categorizes them as foreign nationals based on when they obtained dual citizenship, preventing them from reclaiming their Kenyan citizenship.

A petition signed by 1,564 Kenyans residing in the United States has been submitted to various government bodies, including Parliament, the Senate, and the President. The petitioners are seeking amendments to Section 10 of the Citizenship and Immigration Act, 2011, which they argue creates an unfair distinction among Kenyans living abroad. At the heart of the matter is a provision that classifies Kenyans who obtained foreign citizenship before 2010 as foreigners, while automatically granting dual citizenship to those who acquired it after 2010. This discrepancy has been criticized as discriminatory and divisive, effectively creating two categories within the Kenyan diaspora community.

California Diaspora Representative Paddy Mwembu emphasizes that despite living and working overseas, many in the diaspora maintain strong ties to their Kenyan heritage. They continue to speak their native languages, uphold cultural traditions, and contribute significantly to the Kenyan economy through remittances and tax payments. Mwembu, who has lived in the US for over three decades, argues that it is unjust to treat a segment of the diaspora as second-class citizens solely based on when they acquired foreign citizenship. The petitioners stress that obtaining citizenship in another country is often a practical necessity for survival and wealth-building abroad.

Many affected by this law are older Kenyans approaching retirement age who wish to return to their homeland. They also highlight the challenges they face in their host countries, such as restrictions on running for certain political offices, which further complicates their sense of identity and belonging. The issue of dual citizenship has been a subject of debate in Kenya for years. The 2010 Constitution marked a significant shift by allowing dual citizenship, a departure from previous laws that required Kenyans to renounce their citizenship upon acquiring another. However, the implementation of this constitutional change has been fraught with inconsistencies, as evidenced by the current petition.

In 2019, the High Court temporarily suspended a section of the Immigration Act that imposed severe penalties for failing to disclose dual citizenship within a specified timeframe. This suspension followed a petition arguing that the law was discriminatory and disproportionately punitive for what was essentially an administrative matter. Petitioners argue that amending the current legislation would not only address existing injustices but also strengthen the relationship between Kenya and its diaspora, ultimately benefiting the nation as a whole.