Ambassadorial nominee Mwende Mwinzi wins citizenship battle against National Assembly

Nominated Korea ambassador Mwende Mwinzi. Photo/phile

High court has ruled that Mwende Mwinzi, envoy nominee should not renounce her US citizenship in order to be appointed an ambassador.

Justice James Makau ruled that Mwinzi is protected by the Constitution.

“Having been born from a mother who is a US citizen, she cannot opt-out,” the judge ruled.

Justice Makau ruled that he has no hesitation to agree that citizenship by birth cannot be taken away by anyone.

He considered the fact, that the President had only appointed the nominee and the matter should be taken back to the National assembly.

The judge cited that the appointment of Mwinzi to the position of an ambassador is not an event but a process which takes stages.

Mwinzi had filed a petition contesting the National Assembly’s recommendation that she renounces her US citizenship before taking up the Korea envoy job.

She argued that she is exempted by virtue of Article 78 of the Constitution as she was born in the US and as such cannot renounce her citizenship.

She avers that the decision was unconstitutional since an ambassador is not a state officer as provided for in Article 60 of the Constitution.