This archive report was first published on 2 October 2019.
On October 1, 2019, activist Okiya Omtatah wrote to the Ethics and Anti-Corruption Commission (EACC) to investigate allegations that at least 10 legislators hold dual nationalities, potentially violating the Constitution.
According to Omtatah, two senators are American citizens, while eight members of the National Assembly and a former MP holding a top position in a parastatal also have dual citizenship.
Specifically, five members from Northern Kenya allegedly hold Kenyan and Somali nationality, while one member from the same region is said to hold Kenyan, Somali, and Ethiopian citizenship.
Additionally, an MP from Nairobi is reported to be a Kenyan and UK citizen, and another MP from the Eastern region is said to hold Kenyan and Greek citizenship.
Omtatah claims that an MP from Rift Valley and the ex-lawmaker are Kenyan and US nationals.
When questioned about the source of his claims, Omtatah maintained that it was 'credible but confidential' information.
He argued that it is imperative for the legislators' citizenship to be ascertained, citing the recent parliamentary committee resolution to probe Kenya's high commissioner to South Korea, Mwende Mwinzi, for allegedly violating the Constitution by refusing to denounce her US citizenship.
Ms Mwinzi has protested the move and petitioned the High Court to find that the verdict by the Defence and Foreign Relations Committee was a violation of her rights.
Responding to Omtatah's letter, EACC Communications Officer Yasin Amaro stated that the agency would investigate the veracity of the claim.
Article 78 of the Constitution of Kenya 2010 bars State officers from holding dual nationalities, with exemptions for judges, members of commissions, and individuals made citizens by operation of law without the ability to opt out.
