• MPs will discuss recommendations of the Committee on Implementation on the appointment of Mwinzi.
• Some MPs have termed as contempt the decision by Uhuru’s administration to deploy Mwinzi without renouncing her US citizenship as was directed by Parliament.
Image: YONHAP
A showdown is looming between Parliament and the Executive over the controversial appointment of Mwende Mwinzi as Kenyan ambassador to South Korea.
The National Assembly will on Tuesday next week debate the appointment again after it emerged that she had assumed her duty amid a row on her dual citizenship.
Some MPs have termed as contempt the decision by President Uhuru Kenyatta’s administration to deploy Mwinzi without renouncing her US citizenship as was directed by Parliament.
MPs will discuss recommendations of the Committee on Implementation on the appointment of Mwinzi as envoy to the Asian country.
It follows a request by Mosop MP Vincent Tuwei that the report is slotted in the Order Paper for debate.
“In case the resolution of this House was not implemented, could we take a stern action including but not limited to not allocating funds to the Kenyan embassy in South Korea for the year2021-2022,” Tuwei said.
He noted that the Committee on Implementation in its report said Mwinzi should denounce her dual citizenship before taking up the job.
My US citizenship was acquired by birth and as such, my citizenship or the process of opting in was a consequence of circumstances out of my control.Mwende Mwinzi
He said the Committee recommended that the House rejects the nomination of Mwinzi since she failed to fulfil the condition set.
“It further urged the President to initiate the process of appointing an ambassador to South Korea,” he added.
Rarieda MP Otiende Amollo said the matter bordered on contempt.
“The matter should be given priority since the court did not rule but only made observations. If one can assume office despite the rejection by the House, then it means there is no point in our work,” he explained.
Mwinzi presented her credentials to South Korea President Moon Jae-In during a ceremony held at the capital Seoul on Wednesday.
South Korea Foreign ministry released several photos, one of which Mwizi poses with Jae-In after she had presented her credentials.
Mwinzi has faced several hurdles in taking up the position because of her Kenya- US dual citizenship.
She was born in Milwaukee, Wisconsin, to a Kenyan father and an American mother.
Uhuru nominated her for the position in May 2019 but questions emerged during the vetting process administered by National Assembly's Defense and Foreign Relations Committee.
MPs argued that Mwinzi would not be a suitable person for the job if she maintained her dual citizenship.
Mwinzi went to court to stop MPs from forcing her to renounce her US citizenship before she takes the job. Mwinzi filed the suit at the Constitutional and Human Rights Division of the High Court.
MPs had approved her for the job on condition she gives up her US citizenship.
Mwinzi argued that the condition by MPs would have violated her constitutional rights.
In a ruling dated November 14, 2019, Justice James Makau said “No one chooses his/her place of birth or parents”
The court ruled that Mwinzi did not have to renounce her American citizenship to take up the job.
Makau further noted that an ambassador is not a State officer, but a public officer and hence is not required by law to renounce one citizenship.
MPs had cited section 31(1) of the Leadership and Integrity Act, which bars persons with dual citizenship from holding State offices unless they renounce one.
Also, National Assembly Speaker Justin Muturi in his communication to members later on stated that the fate of Mwinzi lied with the President and not the House.
Mwinzi has served in the country in many different capacities. She has served on the National Economic and Social Council (NESC) for three years.
The council was a project of President Mwai Kibaki during his first term and it birthed the Vision 2030.
Vision 2030 is the country's development programme from 2008 to 2030. It was launched on 10 June 2008 by the retired President.
She is also known for philanthropic work. In 2001 she started Twana Twitu, an organisation that supports orphans and vulnerable children in Kitui County.
In 2017, Mwinzi vied for Mwingi West parliamentary seat but lost. Mwinzi campaigned tirelessly for President Uhuru in the constituency.
Mwinzi went to Central Primary School in Kitui and later joined the Kenya High and Kyeni High. She then moved to the US for further studies, where she acquired dual citizenship after staying for 15 years.
She has also worked at Wall Street Investment Bank where she was a writer for the marketing department.