This archive report was first published on 4 December 2019.
On December 4, 2019, the National Assembly announced its intention to appeal a High Court ruling regarding the appointment of Mwende Mwinzi as Kenya's envoy to Seoul, South Korea.
According to the ruling, Mwinzi cannot renounce her US citizenship before being appointed as it was acquired by birth, and therefore, 'the matter of opting out was a consequence of circumstances out of her control.'
However, the National Assembly argues that this presents an ambiguity, which must be addressed, hence its decision to file an appeal.
Justice James Makau's ruling established that the role of a diplomat is to represent the interests of the sending state, including national security, and that the risk of dual citizenship may jeopardize the national interest of the Republic of Kenya against the interest of the foreign state.
The judge also noted that the National Assembly demonstrated the process of Mwinzi's vetting and approval was conducted fairly and within the law.
Additionally, the judge made a determination that will settle the matter of whether ambassadors are State officers, ruling that the office of ambassador, though not a State office but a public office, is bound by provisions of section 31 and 52 of the Leadership and Integrity Act.
