Parliament has nullified its decision approving Mwende Mwinzi as Kenya’s ambassador to Seoul, South Korea.
A week ago the court ruled that one cannot be forced to renounce citizenship so as to take up public office.
The MPs had on 6th June approved the appointment of Mwinzi with a condition that she renounces her American citizenship before taking up the appointment.
The Committee on Implementation of House Resolution has now asked the MPs to cancel its earlier decision approving Mwinzi for appointment as an ambassador. “The committee recommends that the house rejects the appointment of Mwinzi as Kenya’s ambassador to Seoul, South Korea,” stated a report tabled in parliament last evening
Mwinzi was nominated by President Uhuru Kenyatta on 2nd May this year and the parliament will now has task to approve the said report before proceeding long Christmas recess.
She holds both Kenya and American citizenship and had moved to court to challenge the parliament’s decision directing her to renounce the American citizenship which she acquired by birth.
In his ruling, Justice Aaron Makau stated that the nominee falls under the category of article 78(3)(b), which exempts persons made citizens of other countries without the ability to opt out adding that the only persons who can be asked to renounce citizenship are the ones who opt out.
Moreover, Makau said that an ambassador is a public officer and not a state officer who is usually barred by the constitution from holding dual citizenship