45 they ought to formally reject their foreign nationality to take up the position because a person with dual citizenship had two competing interests. They argued that the loyalty and actions of a dual citizen would be divided and as such, a dual citizen could not serve as a State Officer as such a person would not be guaranteed to put Kenya’s national interests first. Key issues to be determined The main issue for the court to determine was whether a person nominated/appointed to be a state officer, possessing dual citizenship, had to formally give up their foreign citizenship in order to hold state office. Summary of judgment • On whether a dual citizen could hold a State office, the court held that although the Immigration and Citizenship Act had no specific provision for the giving up of citizenship of another country by a dual citizen, section 20 which applied to voluntary formal giving up of citizenship by a foreign national upon application for registration as a citizen of Kenya presumably applied to dual citizenship. Such a person was required to provide the Cabinet Secretary with evidence of their formal giving up of citizenship of the other country. A state officer who acquired dual citizenship would lose his or her position as a state officer. A state officer or a member of the defence forces would not hold a dual citizenship, however that did not apply to judges and members of a commission or any person who had been made a citizen of another country by operation of that country’s law without ability to opt out. • On whether the 3rd respondent acted beyond their authority to recommend for the petitioner to formally give up her US citizenship, the The risk of a dual citizenship could threaten court held that no one chose their parents or the place the national interest of the Republic of Kenya against the interest of the foreign state. of birth. That was beyond anyone’s control. Parliament Therefore, the 3 respondent had demonstrated therefore could not force or demand that the petitioner that in the process of examining and approving petitioner, the same was conducted fairly formally gives up her U.S citizenship unless she voluntarily ofandthewithin the law. decided to do so. The National Assembly had to approve the appointment of an individual where the Constitution clearly required that for valid appointment to take place. • On the role of a diplomat and whether a diplomat could be a dual citizen, the court held that the role of a diplomat was to represent the interest of the sending state including national security and any individual who had the duty to be loyal to another state, unless they had been made a citizen of another country by operation of that country’s law without ability to opt out under provisions of article 78(3) (b) of the Constitution of Kenya 2010, ought not be an ambassador unless he/she formally gave up the citizenship of the foreign state. The risk of a dual citizenship could threaten the national interest of the Republic of Kenya against the interest of the foreign state. Therefore, the 3rd respondent had demonstrated that in the process of examining and rd CITIZENSHIP AND NATIONALITY RIGHTS CASE DIGEST