ODM leader Raila Odinga has called out MPs over what he terms as duplicity and hypocrisy in trying to block Mwende Mwinzi from government job, due to her dual citizenship. According to Mr. Odinga, the treatment of Ms. Mwende Mwinzi by our Parliament ‘extremely disturbing and dubious.’
“The whole debate around whether she qualifies to be Kenya’s ambassador has cast her as a criminal and reduced her to being less Kenyan than the Members of Parliament while the spirit of letter of the law should protect her,” the ODM leader said on Saturday. Mr. Odinga accused MPs of ‘petty vendetta’ and refusal to rise above ‘partisan interests’ insisting that there is no reason for Parliament to maintain Ms. Mwinzi cannot be Kenya’s ambassador to South Korea.
QUESTION IS, wasn't @MigunaMiguna a Kenyan both by BIRTH & PARENTHOOD?
Are there NO OTHER KENYANS whose QUALIFICATIONS DO NOT require CONSTITUTIONAL INTERPRETATION?
— BAD NEWS Analytica (@baDnewSanalysT) October 5, 2019
According to him, opposing her appointment amounts to killing the spirit and necessity of dual citizenship. In a lengthy statement, Mr. Odinga noted that Ms. Mwinzi was not an American citizen by choice but as a result of her birth in the U.S. “..She cannot denounce any because both have been acquired not by application and naturalization but by operation of the law,” he said adding that Ms. Mwinzi’s father moved back to Kenya after she was born and she cannot undo her sire. The ODM leader further argued that the Constitution protects Ms. Mwinzi from jeopardy as it makes provision for people in such situations seeking to hold State office.
He quoted Article 14 of the Constitution which states: 1) A person is a citizen by birth if on the day of the person’s birth, whether or not the person is born in Kenya, either the mother or father of the person is a citizen. (2) Clause (1) applies equally to a person born before the effective date, whether or not the person was born in Kenya, if either the mother or father of the person is or was a citizen.
Raila’s interpretation of the law might attract criticism after Majority Leader Aden Duale and Ethics and Anti-Corruption Commission (EACC) CEO Twalib Mbarak, maintained the law is clear on State officers allegiance.