Kenyans of dual citizenship seeking elective seats in the March 4 General Elections yesterday were shocked after the High court declared they are not qualified under the law to vie.
“Article 78 prohibits a State officer from holding dual citizenship and this prohibition cannot be circumvented by implying a notion of the definition of State in international law where the Constitution provides a specific definition” High court judge David Majanja said.
Majanja was ruling in a case filed by Bishop Donald Kisaka, a citizen of Kenya and the USA who has been nominated by the Agano Party to contest for the Taita Taveta senator's seat.
Kisaka had moved to court to challenge requirements published by the IEBC early this year that bars him from participating in the March polls.
He urged the court to declare that IEBC has no power to prescribe any qualification or requirement for nomination for election as a member of the senate and the National Assembly.
In his judgment, Majanja noted that the IEBC, is entitled to prescribe and notify the public, the qualifications and disqualification of candidates vying for various positions.
He said prospective candidates must be qualified under law to be elected to the posts for which they wish to contest.
