It's not the constitution itself, it's the interpretation at the Regulation stage that is proving to be contentious.
The constitution simply states that occupants of State Offices must be citizens of Kenya, and nothing else. The exclusion of dual citizens from the civil service is a creation of some minds at the Regulation stage. We just have to advocate against it.
Courage,
Oduor Maurice,
Owadg'Atieno ma yuor Atieno
Thuon wuod Ugenya-Ukwala
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Subject: RE: [africa-oped] Re: Restrictions on dual citizenship-Very good indeed for public office and county loyalty!!!
Well well, the constitution miss ups is starting to show its ugly side. The fact of the matter is that we did not read the document thoroughly. Now it will start to bite and an elaborate process will be required to change anything.
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From: mauricejoduor@yahoo.ca
Date: Sat, 23 Oct 2010 21:54:25 +0000
Subject: [africa-oped] Re: Restrictions on dual citizenship-Very good indeed for public office and county loyalty!!!
Jagem,
The constitution says that holders of State Offices must be Kenyan citizens. The same constitution also allows for dual citizenship.
I worked very hard to get my Canadian citizenship and I am not willing to give it up.
Jagem, if it's true the dual citizens are not allowed to occupy State Offices, then we should stop sending any money home; we should also withdraw our memberships from any Kenyan-based organization. There is no point for me to belong to a movement in Kenya if Kenya does not simply accept me as a citizen.
Thank God the truth of how things are is now coming out. I am resigning from all Kenyan-based organizations as of now and this mail should serve as a notice. Why bother? I will concentrate my efforts on private business as someone suggested here a few days ago.
No more Maurice J Oduor in politically related activities. I just want to apologize to all my colleagues in various movements. I am out and I wish them luck in transforming Kenya.
Courage,
Oduor Maurice
From: otieno sungu <sunoti@yahoo.com>
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Sent: Fri, October 22, 2010 4:41:34 AM
Subject: Restrictions on dual citizenship-Very good indeed for public office and county loyalty!!!
From: Njoroge Waithera <>
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Sent: Fri, October 22, 2010 11:23:37 AM
Subject: [KOL] Re: [THE NYC:5237] Re: Restrictions on dual citizenship
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The constitution says that holders of State Offices must be Kenyan citizens. The same constitution also allows for dual citizenship.
I worked very hard to get my Canadian citizenship and I am not willing to give it up.
Jagem, if it's true the dual citizens are not allowed to occupy State Offices, then we should stop sending any money home; we should also withdraw our memberships from any Kenyan-based organization. There is no point for me to belong to a movement in Kenya if Kenya does not simply accept me as a citizen.
Thank God the truth of how things are is now coming out. I am resigning from all Kenyan-based organizations as of now and this mail should serve as a notice. Why bother? I will concentrate my efforts on private business as someone suggested here a few days ago.
No more Maurice J Oduor in politically related activities. I just want to apologize to all my colleagues in various movements. I am out and I wish them luck in transforming Kenya.
Courage,
Oduor Maurice
Sent from my BlackBerry device on the Rogers Wireless Network
From: Jagem K'Onyiego <jairuschurch@yahoo.com>
Sender: mlalahoi@googlegroups.com
Date: Fri, 22 Oct 2010 13:21:12 -0700 (PDT)
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Subject: Re: Restrictions on dual citizenship-Very good indeed for public office and county loyalty!!!
Otieno Sungu
Stop bringing public Office tribalism here. What does the constitution say? Does it demand that someone holding Dual Citizenship cannot hold public office? If not then why are you already "Bagua-ring" them. You must already know, by now, that the "Ndiasipora" (Diaspora) people hold a abig of clout, as their Constituency is the single biggest Forein revenue earner to the Kenyan Government. Usiwabague mapema hivyo!! Ama???
Jagem
From: otieno sungu <sunoti@yahoo.com>
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Sent: Fri, October 22, 2010 4:41:34 AM
Subject: Restrictions on dual citizenship-Very good indeed for public office and county loyalty!!!
Njoroge,
Good question you ask here, why would we want foreignors to hold public office? Or, why would we want people who may ran away after commiting economic crimes because they have other nationalities?
If you want to hold public position, be loyal, first denounce your dual citizenship and come back and contest, that way, you owe unquestionable loyalty to Kenyan and the Kenyan people.
We do not want to play polygamy with political office. Othewise, remain a private citizen and enjoy even tripple citizenship is that helps your business and investments. Imagine if one is to negotiate a deal for us with a foreign government where they also hold citizenship? Isn't this a case of conflict of interest? Which side will he get the best deal for? Who will they be loyal to?
Otieno sungu
From: Njoroge Waithera <>
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Sent: Fri, October 22, 2010 11:23:37 AM
Subject: [KOL] Re: [THE NYC:5237] Re: Restrictions on dual citizenship
Jambo all,
I do not see a problem with this provision. Holding a public position is such a sacred privilege and needs to be by persons of impeccable loyalty! Moreover, this provision was as is the entire period we conducted extensive constitutional debate on this fora; therefore I do not understand why people are sulking over it now. Why would anyone want to serve to publics?
The principle behind Dual Citizenship is to allow Kenya nationals resident in other countries to access opportunities that they would otherwise not access in those countries by virtue of them being non-citizens and still retain their Kenyan citizenship with all benefits and rights safe for right to be elected or appointed into public service.
Unless there is something I am not seeing in the bigger picture, I see nothing wrong.
Njoroge Waithera.
From: "mauricejoduor@yahoo.ca" <mauricejoduor@yahoo.ca>
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Sent: Fri, 22 October, 2010 9:19:52
Subject: [THE NYC:5237] Re: Restrictions on dual citizenship
This may mean that my Canadian citizenship has to go, something I worked so hard to acquire. Life sure sucks.
Courage,
Oduor Maurice Owadg'Atieno
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I do not see a problem with this provision. Holding a public position is such a sacred privilege and needs to be by persons of impeccable loyalty! Moreover, this provision was as is the entire period we conducted extensive constitutional debate on this fora; therefore I do not understand why people are sulking over it now. Why would anyone want to serve to publics?
The principle behind Dual Citizenship is to allow Kenya nationals resident in other countries to access opportunities that they would otherwise not access in those countries by virtue of them being non-citizens and still retain their Kenyan citizenship with all benefits and rights safe for right to be elected or appointed into public service.
Unless there is something I am not seeing in the bigger picture, I see nothing wrong.
Njoroge Waithera.
"True generosity consists precisely in fighting to destroy the causes which nourish false charity" Paulo Freire
From: "mauricejoduor@yahoo.ca" <mauricejoduor@yahoo.ca>
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Sent: Fri, 22 October, 2010 9:19:52
Subject: [THE NYC:5237] Re: Restrictions on dual citizenship
This may mean that my Canadian citizenship has to go, something I worked so hard to acquire. Life sure sucks.
Courage,
Oduor Maurice Owadg'Atieno
Sent from my BlackBerry device on the Rogers Wireless Network
From: Okiya Omtatah Okoiti <omtatah@yahoo.com>
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Date: Thu, 21 Oct 2010 22:34:05 -0700 (PDT)
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Subject: Restrictions on dual citizenship
From the Constitution:
Citizenship and leadership
78. (1) A person is not eligible for election or appointment to a State office
unless the person is a citizen of Kenya.
(2) A State officer or a member of the defence forces shall not hold dual
citizenship.
(3) Clauses (1) and (2) do not apply to—
(a) judges and members of commissions; or
(b) any person who has been made a citizen of another country by
operation of that country's law, without ability to opt out.
Further to 3, consolation is that Councillors are not state officers so dual citizens can gun for these elective posts if Parliament legislates to have them.
Omtatah
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