The High Court in Nairobi has dismissed a petition filed by President Uhuru Kenyatta’s nominee to the South Korean Embassy Mwende Mwinzi terming it as premature.
In a ruling delivered on Thursday morning, Justice James Makau stated that Ms Mwinzi’s vetting process is not complete and that the petitioner should have awaited the decision of the President before filing the suit.
While referring the matter back to parliament, the Judge said, “Considering the position of the matter is still in progress. It’s not complete and the process should be allowed to be completed.”
Ms Mwinzi had moved to the court in September contesting Parliament’s recommendation to renounce her dual citizenship before she takes up the ambassadorial job.
On dual citizenship, the Justice Makau said Ms Mwinzi can not be forced to renounce her American citizenship as it was acquired by birth.
“I have no hesitation to agree that citizenship by birth cannot be taken away by anyone, ” he said.
The judge further stated that an ambassador is not a State officer but a public officer, therefore, Ms Mwinzi is not required to renounce her citizenship.
“There is no legislation establishing the office of ambassador as a State office but Parliament has powers to enact legislation in that effect. It’s clear that a State officer who acquires dual citizenship shall lose his position,” ruled the Judge.
In the petition, Ms Mwinzi had argued that the ambassadorial position is not a State Office adding that the MP’s recommendation violated her fundamental constitutional rights and freedoms.
“Unless this matter is urgently heard, she risks losing her posting as Ambassador to Korea in violation of her fundamental constitutional rights and freedoms,” the petition read in part.