Kenyan tycoon Humphrey Kariuki risks arrest and prosecution for failing to disclose that he is also a Cypriot citizen.
Kariuki has petitioned the High Court seeking to suspend Section 8 ( 4 ) of the Immigration Act and have it declared unconstitutional.
The section calls for a fine of Sh5 million, three years' imprisonment or both if one fails to disclose dual citizenship within three months of acquiring it.
He obtained Cypriot citizenship in 2016 for purposes of business.
Kariuki says his case also concerns thousands of Kenyan citizens by birth who have acquired citizenship of other countries and are in danger of being arrested at the airport for a criminal offence.
He has built a sprawling business empire that includes petroleum and energy, spirits, power projects, resorts, conservancies, high-end retail, among other enterprises.
Through lawyer Benjamin Musyoki, he said he was not aware that he was required to disclose dual citizenship within three months of acquiring it. The same doesn't apply to foreign nationals, he said.
“When I became aware, I immediately filed Form 3 as required by law but when I attempted to present it to the director of Immigration services, I was threatened with prosecution,” Kariuki said.
He said he has repeatedly, and with knowledge of the Immigration department, used his Cypriot passport while travelling in and out of Kenya. He said he has 19 passport stamps to prove it.
According to the court documents, many countries deny visas to persons convicted of criminal offences. Kariuki calls that provision arbitrary.
Most Kenyans who have acquired the citizenship of other countries are afraid of entering Kenya, for fear of severe punishment, he said.
The businessman calls the provision oppressive, unjust and unreasonable and says such punishment should be reserved for grave offences, not administrative issues.
He says neither the Constitution nor the Immigration Act provides any procedure for a Kenyan citizen by birth to seek or obtain foreign citizenship.
Kariuki is suing the Attorney General and the Kenya Citizens and Foreign Nationals Management Service.
