High Court Rejects Bid to Allow Kenyans with Dual Citizenship to Join the Military

The High Court has thrown out a petition seeking to have Kenyans with dual citizenship allowed to join the Kenya Defense Forces (KDF).

Justice Hedwig Ong'udi ruled that the court cannot meddle in issues of national security, stating that the best place to change the policy is Parliament.

“It is my considered view that the petition invokes the political question doctrine. I say so because the issue raised will require this court to delve into the government’s political arena of national security which is not the province of the courts," she ruled.

The petition had been filed by Busia Senator Okiya Omtatah, who wanted the court to declare the decision to bar dual citizenship holders from joining the military unconstitutional. He argued that Section 129 of the Kenya Defense Forces Act does not bar dual citizens from joining the military.

Omtatah further averred that Article 78(2) of the Constitution, which restricts dual citizens from joining KDF, has a rider in Article 78(3) in that it exempts any person who has been made a citizen of another country by operation of that country’s law, without the ability to opt-out.

KDF opposed the petition, arguing that Omtatah presented a hypothetical case, saying he failed to provide any tangible data on Kenyan dual citizenship holders, who have applied or are prospective candidates. 

KDF’s Osman Guyo told the court that there has never been any dual citizen who has presented themselves for consideration for recruitment into KDF.

He further said that there is a likelihood of such persons shifting their allegiance to other countries in the event of a conflict, adding that the court has no powers to regulate the conditions of service within KDF.