• Contention is whether ambassadors are treated as public or state officers.
• The Constitution says that state officer status doesn’t refer any person who has been made a citizen of another country without the ability to opt out.
Image: FILE
Members of Parliament are split on the appointment of dual citizenship holders as envoys, bringing to the fore the unsettled debate on who is a state officer or public officer.
This followed the dilemma on whether Mwende Mwinzi should be appointed as Kenya’s ambassador to Seoul in the face of her dual citizenship status.
The candidate, whose name was approved alongside six others – Kariuki Mugwe (Abu Dhabi), Peter Katana (Algiers), Flora Karugu (Lusaka), Njambi Kinyungu (UN-Habitat) and Diana Kiambuthi (Stockholm)—holds a US citizenship.
The committee on Defence and Foreign Relations approved Mwende’s appointment with a rider that she has to renounce her US citizenship.
The contention is whether ambassadors are treated as public or state officers as spelt in the Constitution.
The Constitution says that state officer status doesn’t refer to any person who has been made a citizen of another country by operation of that country’s law, without the ability to opt out.
However, Article 260 doesn’t include ambassadors as state officers but says those whose offices are established and designated as a state office by national legislation are included.
Those in favour of her candidacy argued that there are cases of state officers holding dual citizenship and as such, it would be discriminatory against Mwende.
“We don’t want to be intimidated over this matter just because it involves a woman,” nominated MP Cecily Mbarire said.
But other members argued that being a representative of the state in the foreign country, such persons should be loyal to Kenya.
The other fear is that there will be a quagmire should the US take a position that contradicts that of Kenya in the nations where the country has an interest.
Majority leader Aden Duale held that all the seven nominees are qualified having been cleared by state agencies and have managerial qualifications.
The Leadership and Integrity Act says, pursuant to the Constitution, shall apply to all public officers except in section 18 of the Act, which says that a dual citizenship holder must renounce the other citizenship status when taking up a state job in Kenya.
“If there is a member of this House who has violated this law, they should follow the law,” Duale said, adding that Section 35 of the Leadership and Integrity Act must be complied with.
“If you are an ambassador, you represent the head of state. If US President Donald Trump says that all Americans leave Seoul, the ambassador will have to leave.”
The Garissa Township MP said, “Nobody is denying Mwende Mwinzi a job. The law is clear on the matter that she has to renounce her citizenship."
The lawmaker invited the DCI, EACC and DPP to investigate with a view to smoking out state officers who are dual citizenship holders.
Suna East MP Junet Mohamed gave a divergent view saying nominees must not be punished for their parents' action.
“This is somebody who wants to serve her country. When the Constitution does not deny her the right, let us not victimise this nominee (Mwende),” the legislator said.
Kitui South MP Rachel Nyamai said, “If there is a matter that needs to be addressed, then we need to amend the Constitution to factor the difference between a state officer and public officer. High Commissioners and ambassadors are not treated as state officers.”
Minority leader John Mbadi said, “The fundamental question is to ask whether it is of interest for Kenya to have an ambassador who is a holder of dual citizenship. We have been condemned over approvals that are questionable. Two wrongs don’t make a right.
“In case the US has a conflict with Korea, whose interest will the nominee serve? She has to renounce her citizenship. It is not asking for too much."
The House, however, approved the list with the rider with others asking Mwende to seek an interpretation at the Supreme Court on whether she is state or public officer.
(Edited by R.Wamochie)