On this one I disagree with Baba and Mudavadi. As one who lives in the Diaspora and one of the many who pushed hard for dual citizenship, there’s a Constitutional principle here that must be upheld and that is, one cannot have allegiance to another sovereign when serving as a state officer.
While that provision ostensibly shuts off Kenyans with dual citizenship from taking these positions, that’s only by choice as they can or should renounce their foreign citizenship if they so badly need or must be appointed to the position.
The argument Mwinzi is a natural born US citizen who cannot renounce doesn’t hold because she can under US laws; it may not be a wise thing to do, but she can.
Again, as one who fought for dual citizenship, I do not consider upholding this Constitutional requirement barring individuals with dual citizenship from state officer jobs as killing the dual citizenship benefits.
I also wouldn’t put this at par as barring someone from a state job on criminal conviction grounds or even Chapter Six as that’s apples and oranges.
The sole issue here is upholding essential elements of sovereignty and the interest far more outweighs the interest of an individual.
This will be true even if Ms. Mwinzi, who I have no reason to doubt she’s otherwise qualified to be appointed as ambassador ten times more than many we know who have been appointed and are serving; this will be true, namely, upholding the no allegiance to another sovereign requirement will be true even if Mwende was the only person in Kenya who can do the job and we obviously know that is not the case.
In that event, meaning, were someone to have such unique skills such that he or she would be the only Kenyan who can do the job, then the solution would be to hire them as a consultant, not as a state officer.
This is the better balance than obliterating a Constitutional principle that’s grounded on sound reasoning, namely, state officers must be Kenya citizens who have no allegiance to another country.
That being said, it should be noted where the framers of the Constitution had it wrong is, curving out an exception for judges and members of commissions who are allowed to have dual citizenship; it should be either one doesn’t have a right to be appointed to any of these government positions on grounds they have dual citizenship or they do without exceptions.
This is where Mwinzi may have a case but an uphill one nonetheless.