This archive report was first published on 25 October 2019.
Published on October 25, 2019, the debate about Mwende Mwinzi’s dual nationality and her appointment as ambassador to South Korea has raised questions about the eligibility of parliamentarians with dual nationality.
Kenya’s Constitution and citizenship laws have undergone significant changes since Independence. Prior to 2010, the Constitution and citizenship laws did not allow dual nationality, resulting in automatic loss of Kenyan citizenship upon acquiring another nationality.
However, there were categories of Kenyans who, by default, held dual nationality even under the repealed Constitution. These included children born to Kenyan parents and foreign spouses, and Kenyan women married in countries where they automatically became citizens of those countries.
The 2010 Constitution introduced Article 78 (3 b), which allows judicial officers, Constitutional Commission members, and Kenyans who are dual nationals by virtue of other countries’ laws and without an option to opt out, to hold dual nationality.
Despite this, the Constitution and other relevant laws are clear that state officers should not be dual nationals. The debate surrounding dual nationality has raised questions about patriotism, loyalty, and the eligibility of parliamentarians with dual nationality to hold public office.
Proponents of multiple nationality argue that the world is a global village where boundaries are falling, and true global citizens are emerging. They believe that holding dual nationality is crucial for individuals who reside and invest in multiple countries.
On the other hand, those opposed to dual citizenship argue that people holding multiple nationalities cannot be trusted and are not patriotic enough. They believe that dual citizens would easily change allegiance at their convenience.
The Kenyan diaspora pushed for dual citizenship to be included in the 2010 Constitution, but the issue is increasingly looking like it was not well thought through. The current situation raises questions about representation in the National Assembly and the eligibility of diaspora Kenyans to hold public office.
George Mucee is the practice leader of Fragomen Kenya, an immigration consultancy firm in Nairobi.
