This archive report was first published on 17 September 2019.
On September 17, 2019, Ambassadorial nominee to South Korea Mwende Mwinzi filed a case at the Constitutional and Human Rights Division of the High Court to challenge the Kenyan law requiring her to renounce her US citizenship.
The case, which could have far-reaching implications for Kenyans in the diaspora, centers around the question of whether persons born of Kenyan parents abroad should relinquish their foreign nationality to serve in the Kenya government.
Ms. Mwinzi, who was approved for the job by the National Assembly on condition that she give up her US citizenship, argues that forcing her to renounce her citizenship would be a violation of her rights.
She claims that her US citizenship was acquired by birth and that she did not participate in the decision to be born in the US. According to her, Article 78(3) (b) of the Kenyan law would only be applicable to people who opted in by applying for citizenship, and renunciation would be the process of 'opting out.'
Ms. Mwinzi's case has sparked debate on the issue of dual citizenship and its implications for government jobs in Kenya.
