Citizenship Law is needed in Kenya

The question of dual citizenship has popped up again. This time around, it surfaced ashore after one Mushir Salem Jawher formerly known as Leonard Mucheru (formerly a Kenyan), was stripped off his Bahraini citizenship. Jawher’s crime was “unpatriotic act” of visiting Israel, the enemy to compete in a sporting event. Like most Arab countries, Bahrain citizens are forbidden from visiting the Zionist state.

Jawher broke his country’s law and his punishment was the stripping of his citizenship. After he was rendered stateless, Kenya’s Gender, Sports, Culture and Social Services Minister Maina Kamanda promptly intervened and now the Government is in the process of restoring Jawher’s Kenya citizenship on humanitarian grounds. Kudos to the Starehe MP who many had earlier thought he would not be up to the ministerial position due to lack of college education. What Kamanda did is the kind of leadership Kenya needs. The Sports Minister did not run in circles when it came to this issue. In a sporty manner, he cut red-tape and bureaucracy, acted like a businessman and did what was needed to be done in the interest in of a Kenyan. Back to Jawher, we all know that he did not hate his native country when he sought Bahraini citizenship. This athlete took his sporting talent, and sought cash and the fame that came with success of the God given gift he has — in doing so Mucheru became Jawher and a Bahraini. Many might castigate Mucheru for his unpatriotic act, but where poverty exists, nationalism and or patriotism stands on a very thin thread or none at all. Many Kenyan athletes and non-athletes alike have taken up other countries citizenships for economic reasons- simply to improve their lives and the lives of those they leave behind at home. This is why Mucheru’s action is perfectly understandable.

There are many Mucherus in Kenya, who in spite of what they do, still love their country. Mucheru’s situation brings us to one major predicament in our country. The problem is that our country’s Constitution prohibits dual citizenship and where a person successfully applies to become the citizen of another country, he or she must renounce his or her Kenyan citizenship. In short, one automatically ceases to be a Kenyan even if your new country of citizenship practices dual citizenship. This prohibitive policy is doing more harm than good to our country and its people. The defeated Draft Constitution allowed dual citizenship and had provided the best possible dual citizenship provision there could be. For instance, the rejected Draft provided that a Kenyan who becomes a citizen of another country can remain a Kenyan, but a foreigner who becomes a Kenyan cannot remain a citizen of his or her country of origin. This is probably the best, where a Kenyan can always be a Kenyan. In addition, it also provided that only Kenyans by birth and not registered or naturalised citizens — can keep Kenyan citizenship if they take another nationality. Kenyans living abroad cannot ask for more than this.

That is the reason why the Draft Constitutional position attracted numerous petitions to the Constitution of Kenya Review Commission from Kenyans living abroad making a case for dual citizenship. With Mucheru’s case fresh in their minds, I hope that before the current House is dissolved this year, our lawmakers would come to their senses and legislate the Dual Citizenship Act. The Attorney General Amos Wako or the Justice and Constitutional Affairs Minister Martha Karua should draft the Dual Citizenship Act taking all the points as they appear in the defeated Draft Constitution that allowed dual citizenship, albeit in a restrictive manner. The Dual Citizenship Act should put more emphasis on the “only a citizen by birth” may apply to regain citizenship if that person had lost it in the process of applying for another citizenship. Our leaders across the political divide should look at the Mucheru case as a precursor of many such that may come as times are changing and seek a solution for the good of all Kenyans. It is so sad that our parliamentarians, especially the Opposition are always seen busy strategizing on how they will secure political power and share it amongst themselves. They don’t seem to be interested in any other issues which have less personal benefit to them or their ego. The Orange Democratic Movement Kenya leaders have joined hands with others to form Muungano wa Katiba Mpya to push for minimum reforms, Here again it is politics, politics and more politics. They are thtreatening to unleash the monster of mass actions if the Government does not accept minimum reforms before the General Election. The political reforms they are seeking are solely meant to benefit them and not the wananchi. Boldly speaking, our parliamentarians should

Kenyans are lucky to have such a political leader as the head of state. The legislators should stop politicking day in day out. If our politicians, particularly the elected ones, used all their energies in working for the benefit of the country and the people, instead of politicking and seeking personal gains, Kenya could have been very far ahead economically.