This archive report was first published on 15 November 2019.
On November 15, 2019, a Kenyan court made a significant ruling that has implications for individuals who acquired citizenship by birth in foreign countries.
Justice Aaron Makau ruled that such individuals cannot be forced to renounce their citizenship to take up public offices, citing Article 78(3)(b) of the Constitution.
The ruling came in a case involving Mwende Mwinzi, a nominee for ambassador to South Korea, who was nominated by President Uhuru Kenyatta on May 2, 2019.
Ms Mwinzi had filed a petition seeking a declaration that her appointment was complete after MPs vetting, but the court ruled that the appointment process was not yet complete.
Justice Makau said that an ambassador is not a State officer barred by the Constitution from holding dual citizenship, but rather a public officer.
He also stated that citizenship is an inalienable right and that individuals who acquired citizenship by birth cannot opt out of it.
