44 C. Case Law on Dual Citizenship 16. A person nominated/appointed to be a state officer, possessing dual citizenship, ought to renounce their foreign citizenship in order to hold state office Mwende Maluki Mwinzi v Cabinet Secretary, Ministry of Foreign Affairs and 2 others Petition No 367 of 2019 High Court Nairobi J A Makau, J November 14, 2019 A dual citizen could not be appointed as a State Officer because of the competing interests that a Dual Citizen held....State Officers that acquired dual citizenship would lose their position as a state officer. Summary of facts Mwende Maluki Mwinzi (the petitioner) was born in the United States of America (USA) and was a citizen of USA by birth. The petitioner was born to a Kenyan father and lived and schooled in Kenya. The petitioner was a dual citizen of USA and Kenya. The petitioner was appointed by the President to be an Ambassador of Kenya to the Republic of Korea. The petitioner returned an acknowledgement and an acceptance letter to the offer of appointment together with her academic certificates and other testimonials as was required by the letter of appointment to the Director, Human Resource Management as the Ministry of Foreign Affairs. Thereafter, the petitioner was vetted by the National Assembly Departmental Committee on Defence and Foreign Relations. The Committee (3rd respondent) recommended her appointment to the position of Ambassador of Kenya to the Republic of Korea on condition that she renounced her American citizenship. The petitioner filed this case to challenge the decision of the National Assembly Departmental Committee on Defence and Foreign Relations. She claimed that the conditional approval of the 3rd respondent was illegal, that the petitioner’s citizenship was acquired by birth and therefore she could not opt out of it and that the condition that the petitioner renounce her American citizenship was discriminatory and violated her freedom to discrimination as stated in article 27 of the Constitution of Kenya, 2010 (Constitution). The respondents’ submissions The respondents argued that when a dual citizen was nominated to state or public office, CITIZENSHIP AND NATIONALITY RIGHTS CASE DIGEST