I write this letter to you as Kenyans living in the Diaspora to express our deep concern and frustration about the recent contradiction between the Dual Citizenship clause of the new Constitution:
Why do Kenyan’s in the Diaspora remain subject to the old constitution while the rest of the country moves on? Under the old constitution; “A person who, upon the attainment of the age of 21 years, is a citizen of Kenya and also a citizen of some country other than Kenya shall… cease to be a citizen of Kenya upon the specified date unless he has renounced his citizenship of that other country.”
Under the new constitution; A citizen by birth does not lose citizenship by acquiring the citizenship of another country,” and the reality of the requirement being put to Kenyans in the Diaspora, that they must reapply for Kenyan citizenship if they acquired another citizenship prior to August 2010, when the new constitution came into force.We could argue that given that Kenya had experienced Political violence in the 1990s. It is only natural that Kenyans in the Diaspora would opt to become citizens of the countries in which they reside and that barring them from political office is denying them their Human RightsShould Kenyans in the Diaspora be punished for seeking asylum or citizenship in other countries as they had no choice but to flee?
The Universal Declaration of Human Rights Article 21 states:· (1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.
Parliament has failed to implement the law properly and never robustly auctioned or explained through public awareness campaign to the diasporas, Then how come dual citizens can be barred or forbidden to serve their country?. Why should they pay for the negligence of the Parliamentarian who failed to apprehend, warn or consult? Due process requires a notice, and choice of either retains dual nationality status or public representation position. Those requirements have never been met, and Parliament/ Government are insisting on changing the 'goal post'
The contribution of the Kenyan Diaspora is such that they must be assimilated through a consultative process where they are valued than denied being part of the process. $103.98 million a year remittance and healthy output potential force me to say that these 3 million souls one day will save Kenya. One or two rotten eggs are forcing Parliament to make a decision unwanted and unacceptable to those millions overseas who are yearning to come, serve, and save Kenya The amount of Doctors, specialists, engineers, lawyers and new youth representatives from top universities are emerging as a fresh fodder ready to be exploited in national cause and interest and denying them an opportunity may not be conducive in the supreme national interest of Kenya.
I call the people of Kenyan Diasporas to reject a system that varies a citizen's rights based on social, economic, political, religious, ethnic, resident, or other citizenship status. In effect, whatever their inequalities of wealth, status, and power in the everyday activities of civil society; citizenship gives everyone the same status as peers in the political public. This is the concept of equal citizenship.
To say that I’m a Kenyan means not only do you have status but that you have rights that non-Kenyan cannot enjoy. If you do not have these rights, then it is empty to say you are a Kenyan or it’s like you can see food but cannot eat or in a lighter sense marry a girl but can't have a children.
Finally, decision is on Kenya to reject, or value & welcome an offer of true & sincere contribution by their children abroad. Parliament alone must not bar a group of people (around 3 million) who have never been told not to assume or acquire foreign status otherwise they will risk becoming third class citizens of Kenya and will be no more genuine 'Kenyan.' Unless that notice is served, let those people know that they still belong to their 'motherland Kenya’
