Omtatah opposes citizenship requirement in KDF hiring

Public litigant Okiya Omtatah has filed a petition against a requirement that recruits to the Kenya Defense Forces must not hold dual citizenship.

Omtatah says the law does not completely lock out individuals holding dual citizenship from joining KDF.

“The requirement that prospective candidates must be Kenyan citizens with no dual citizenship is unlawful since neither the Constitution nor the applicable legislation imposes a blanket ban on Kenyans with dual citizenship from joining the KDF,” he says.

Ministry of Defense this month published recruitment adverts in local dailies for  general service officer (GSO) cadets, specialist officers, general duty recruits, tradesmen/women and constables scheduled to take place from November 27 to December 16.

In the advert, the ministry wrote that prospective candidates must be Kenyan citizens with no dual citizenship.

“Indeed, Article 78 of the Constitution restricts dual citizens from being members of the KDF, but it is not a prohibition,” Omtatah said.

He said that a clause in the same article notes that the law does not apply 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.

Omtatah also made reference to KDF Act which provided for offences relating to dual citizenship.

“The Act states that a person commits an offence if he/she fails to disclose on enlistment or commissioning the fact that the person holds dual citizenship; or if they acquire dual citizenship while in service,” he said.

Such a person, the law states, shall be liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years or any lesser punishment provided.

In the petition, Omtatah wants court to issue a declaration that the decision to impose a blanket ban without exemption on all Kenyans with dual citizenship from joining KDF is unconstitutional and therefore invalid, null and void.

He also wants an order quashing the ministry’s announcement to the public that the KDF will be recruiting on the scheduled dates.

Omtatah asked court to permanently stop the Ministry of Defence and the Attorney General from barring any Kenyan citizen who has been made a citizen of another country by operation of that country’s law, without ability to opt out, from joining the KDF.

He noted that the issue of national security was subject to the authority of the Constitution and legislation and should be pursued in compliance with the law.

“The prevailing state of affairs is untenable under the law and this court is enjoined to intervene and enforce the supremacy of the law,” he said.