US Citizen Files Lawsuit Seeking Kenyan Citizenship

An African-American man, Mr. Mubarak Abdul Muqsit Akram, has filed a lawsuit seeking Kenyan citizenship.

The US citizen claims Kenya as his chosen ancestral home due to a deep personal connection he has developed with the country. Mr. Akram cites his brief visits in 2003 and subsequent stay since 2008 as evidence of his cultural affinity, despite still legally considered a "foreigner." He argues this connection grants him an inherent right to "return" and become a recognized citizen. In a significant legal development, Mr Akram has filed a petition before the Mombasa High Court asserting his right to return to his ancestral home in Kenya and obtain Kenyan citizenship.

This bold move seeks to leverage both international law and the Kenyan Constitution to secure his claim. Mr Akram requests official recognition as a Kenyan citizen within 30 days, complete with a passport and national identity card. According to him, the urgency stems from Mr Akram's substantial ties to Kenya. He was born in Texas in 1946 to African-American parents. In 2008, he travelled to Kenya, establishing and operating multiple businesses within Kwale County, demonstrating a deep commitment to the nation. This personal investment motivates his pursuit of formal legal recognition as a Kenyan citizen.

The lawsuit names the Cabinet Secretary for Internal Affairs, the Director-General of the Department of Immigration and Citizenship Services, and the Attorney-General as respondents. The petitioner argues that his right to return to Kenya as his ancestral home is guaranteed by the provisions of the Abuja Proclamation, a declaration adopted by the Pan African Conference on Reparations for African Enslavement, Colonisation, and Neo-colonisation held in Abuja, Nigeria, in April 1993. In support of his claim to the right of return, the petitioner argues that the proclamations compel all African nations to guarantee the right of entry and residency to individuals of African descent.

This right, according to the petitioner, is presented as a fundamental entitlement and can be exercised by any African seeking to return to their ancestral homeland, provided they meet the stated criteria and lack any disqualifying factors. Crucially, the petition asserts that the Abuja Proclamation forms an integral part of Kenyan law by virtue of the country's Constitution. This provision states that any general rules of international law, along with any treaty or convention ratified by Kenya, are automatically incorporated into the nation's legal framework.