• Katoo Ole Metito, chairman of Committee on Defence and Foreign Relations, made the call amid claims a number of Principal Secretaries, Cabinet Secretaries, Governors, and MPs hold dual citizenship.
• The matter arose during a debate on whether Mwende Mwinzi should be posted as Kenya’s ambassador to Seoul, Korea, yet she holds a US citizenship.
Image: FILE
MPs want the Directorate of Criminal Investigations and the Ethics and Anti-Corruption Commission to investigate state officers suspected of being dual citizens.
They claim a number of state officers, some approved by Parliament, are citizens of other countries contrary to the law.
The matter arose during a debate on whether Mwende Mwinzi should be posted as Kenya’s ambassador to Seoul, Korea, yet she holds a US citizenship.
Katoo Ole Metito, chairman of Committee on Defence and Foreign Relations, made the call amid claims a number of Principal Secretaries, Cabinet Secretaries, Governors, and MPs hold dual citizenship.
Eyes are now cast on how Parliament would treat the nominee for Kuwait – the former Nominated Senator Halima Abdille having earlier rejected her nomination as PSC representative to the SRC.
The former lawmaker was nominated alongside those tipped for Dakar, Rome, Berlin, Bern, and Accra, who will be vetted next week.
Parliament is yet to crack the puzzle of the law stipulating that an applicant with dual citizenship is required to renounce his/her citizenship before their appointment.
Mahamud Sirat – also an Australian, and Miguna Miguna – also Canadian, are among Kenyans whose citizenship have been upheld by the court after their status was challenged.
Metito, citing cases in US, UK, and Israel, demystified the perception that it is difficult for people to renounce citizenship if it is by birth.
“It is a criminal offence if one does not declare their citizenship status. I want to call upon the investigative agencies including the NIS to find out the truth behind the claims with a view to prosecuting such persons,” the Kajiado South MP said.
He recommended a review of past envoy postings so that should there be any officers with dual citizenship, they be recalled and charged for hiding crucial information.
“This is the first issue of dual citizenship that has come before this House. We may not want to set a bad precedence. For an ambassador role, being a representative of the Head of State, the country cannot gamble to have one who holds dual citizenship.”
MP Cecily Mbarire (Nominated) accused the Foreign Relations Committee of approving appointments for dual citizenship holders; Metito sought proof of claims.
Mbarire said Mwinzi had served a previous government and has run for MP as well as a charity in the country.
Murang’a woman representative Sabina Chege proposed an amendment to the law requiring the nominee to renounce her citizenship before she gets the Seoul job.
“We might need to relook at the law. Let us not apply the law selectively,” the MP said.
Majority leader Aden Duale supported the call for a probe into dual citizenship holders saying the law is clear on what a nominee in that category should do.
“If there is an MP who has violated this provision, it is not our interest to defend them,” the Garissa Township MP said.
Minority leader John Mbadi said the fundamental question to be answered is whether it is in the interest of the country to have such an ambassador.
“We have been condemned for approving nominees with questionable citizenship in this House. Assuming that the interest of the American government and that of Kenya conflict in Korea, whose interest will she promote?” Mbadi asked.
In his ruling on the matter, Speaker Justin Muturi reported having received numerous entreaties including attempts to lobby him about the Seoul envoy question.
He held that having looked at provisions of Article 78, 80 (c) and 260 of the Constitution, the candidate has no option but to renounce her US citizenship if she is to get the envoy job.
“Parliament enacted the Leadership and Integrity Act which implements Chapter Six of the Constitution. The House considered that Article 260 did not define a definition of ambassadors, high commissioners, and consulars,” Muturi said.
He cited Section 52 of the Leadership Act which provides that a public officer will for purposes of Chapter Six be deemed to be a state officer.
The law further provides that if a dual citizen is elected into a state office, they must renounce the second citizenship.
“Parliament interpreted Article 78 correctly, is not against a dual citizenship by a state officer and it does not all apply until a person is elected or appointed to the state office,” Muturi said.
However, a dual citizen is disqualified upon election or appointment from holding office without voluntarily renouncing the second citizenship, he added.
“The law is the law. The Court of Appeal has not said that holders of dual citizenship should not be appointed but if so, they must renounce before taking office,” Muturi said.