• Law requires Kenyans who acquire dual citizenship to report the fact within three months or face criminal prosecution.
Image: FILE
The High Court has temporarily suspended a section of law which imposes a fine of Sh5 million if one fails to disclose dual citizenship.
Justice James Makau issued the order after Kenyan tycoon Humphrey Kariuki argued that he is in danger of being arrested at the airport on account of a crime under the Kenya Citizenship and Immigration Act.
The law prescribes a fine of Sh5 million, three years imprisonment or both if one fails to disclose his status within three months of acquiring it.
The judge said the order shall not only apply to Kariuki but also to any Kenyan citizen at home or in the diaspora who has acquired dual citizenship.
“I have considered the application by the petitioner and the injury he is going to suffer. l hereby temporary suspend and stay the continued implementation of Section 8(4) of Kenya citizenship and Immigration act pending inter parties hearing of the case,” the judge said.
Kariuki filed the case last week claiming that he risks being arrested and prosecuted for failing to disclose his Cyprus citizenship.
Through lawyer Benjamin Musyoki, Kariuki told the court his case does not only concern him but thousands of Kenyan citizens by birth who have acquired citizenship of other countries and are in danger of being arrested.
The tycoon said he was not aware that as a Kenyan citizen he was supposed to disclose his dual citizenship within three months of acquiring the same, a condition foreign nationals are not subjected to.
“But when I became aware, I immediately filed Form 3 as required by law but on an attempt to present the same to the Director of Immigration Services, I was threatened with prosecution,” he said.
The court heard that Kariuki has repeatedly and with knowledge of the immigration services used his Cypriot passport while traveling in and out of Kenya and the same has been authenticated by the official immigration stamps over 19 times, without questions being raised.
According to the court documents, many countries deny visas to persons who have been convicted of any criminal offense and hence section 8 of the Immigration Act is arbitrary. Most Kenyans who have acquired citizenship of other countries are afraid of entering Kenya, given the punishment stipulated in the act.
“Section 8 (4) of Kenya Citizenship and Immigration Act is oppressive, unjust and unreasonable. Strict and absolute liability offenses and penalties are usually reserved for serious and grave offenses and not administrative issues like disclosure of dual citizenship,” he said.
Kariuki is a citizen of Kenya and Cyprus. He obtained the Cyprus citizenship in 2016 for purposes of trade. If Kariuki and other Kenyans holding dual citizenship fail to report the same within three months, they are deemed to have committed an offense.
The Attorney General, Kenya citizens and foreign national’s management service were directed to file their responses before May 27 when the case will be mentioned.