Should Mwinzi Renounce Her US Citizenship? I don't think so!

Kenya’s ambassador-nominee to South Korea, Ms Mwende Mwinzi, is suing to have Parliament stopped from forcing her to renounce her US citizenship before she takes up the job.
In a case that could determine how Kenyans in the diaspora can get government jobs in future, Ms Mwinzi, whom the National Assembly approved for the job but said she must first give up her US citizenship, says it would be a violation of her rights to be forced out of something she didn’t choose.

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RENUNCIATION
The key question in the case filed last evening at the Constitutional and Human Rights Division of the High Court is whether persons born of Kenyan parents abroad should relinquish their foreign nationality in order to be allowed to serve in the government.
“My US citizenship was acquired by birth and as such, my citizenship or the process of opting in was a consequence of circumstances out of my control,” she argues in an affidavit.
“I did not participate in the decision to be born in the US and I cannot ‘opt-out’ of that decision. Article 78(3) (b) would only be applicable to people who opted in by applying for citizenship and renunciation would be the process of ‘opting out’,” she argues, referring to the law that exempts people who cannot opt-out of dual nationality such as those who acquired it by birth.

Ms Mwinzi’s parents were teachers, who taught both in Kenya and the US. Her mother, Mary Christine Geil, was American.
She met her Kenyan husband Maluki Mwinzi Kaluva (now deceased) in the US. They later relocated to Kenya, where they worked. She has two siblings who were born in Kenya but are also legally American citizens because their mother is an American.
Ms Mwinzi says she first attained her US citizenship and worked in the US before resigning in 2005 to concentrate on humanitarian work at her Twana Twitu Children’s Home in Kitui.

Foreign Affairs Cabinet Secretary Monica Juma and Attorney-General Kihara Kariuki have been listed as respondents.
The case could also be key in determining whether Parliament is supposed to stop at approving or disapproving candidates, or if it can include conditional approvals for nominees. Ms Mwinzi’s lawyers, Tom Ojienda & Associates, argued that the National Assembly has no power to add conditions to approved candidates
DECLINED
“Nothing would have been simpler than disapproving her nomination from the onset but they did not. The National Assembly deemed her qualified and went ahead to confirm this by swearing her in just like the other nominees.
“The National Assembly should, therefore, be stopped from putting a condition on the executive and the President’s role of picking its nominee. The condition that the petitioner is to be appointed only on the condition that she renounces her dual citizenship is unconstitutional, illegal and void,” they argue.
President Uhuru Kenyatta nominated Ms Mwinzi on May 2 to be Kenya’s Ambassador to South Korea.
She was to replace Mohamed Abdi Gello, who had served in Seoul since the Mwai Kibaki days.
Ms Mwinzi was also the replacement for former legal adviser to the President and former Mandera Central MP Abdikadir Mohamed, who declined the nomination last year for personal reasons. Now the National Assembly has told Ms Mwinzi, born in Milwaukee, Wisconsin, in 1971, that she can only report to duty once it is confirmed that she has relinquished her US citizenship.

people who hold dual citizenship should never be allowed to occupy public office.

I blame her not…the blame lies in he who appointed her

She shouldn’t be forced to renounce her US citizenship.

Lakini pia why did they allow Her to carry on as a nominee they could’ve rejected her nomination while it was in its preliminary stages

She should absolutely be forced to either resign or denounce her US citizenship. It’s a no brainer.

She should chose one or the other not both. So, as a representative of Kenya, if there was a conflict between kenya and USA interests, who would she back?

But yes, whoever nominated her in the first place was incompetent

Waheshimiwa watukufu wakiongozwa na Konyagi one…

She makes a compelling argument here:

I did not participate in the decision to be born in the US and I cannot ‘opt-out’ of that decision. Article 78(3) (b) would only be applicable to people who opted in by applying for citizenship and renunciation would be the process of ‘opting out’,” she argues, referring to the law that exempts people who cannot opt-out of dual nationality such as those who acquired it by birth.

She should choose the land of opportunity or leave the opportunity for a loyal Kenyan to take it up.

if your were in her shoes what would you do?

Uhuru alikuwa mlevi aki appoint hio ghassia .
Reverse it akwende kabisa

I’d take the job. Let the court decide this(in my favor)… :smiley:

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What law and there are very many Americans who renounce their citizenship and well documented

Huyo ni dame wa prezi… huwesmake

Huyu hutaki kukamua na ndivyo ni yelo yelo kitu safi sampuli yako?

you cannot renounce citizenship by birth its not possible
and this is a constitutional crisis we have never seen a situation like this before
mtu anamfinya hakumuambia hizi mapema?

of cos a clear case of sleeping way up!

https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Renunciation-US-Nationality-Abroad.html

Yes you can renounce

Did Miguna renounce his Kenyan citizenship beforw becoming Canadian?