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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
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