High Court Suspends Law Punishing Kenyans for Failing to Disclose Dual Citizenship
The High Court on Monday temporarily suspended the implementation of a law seeking to punish Kenyans who fail to disclose their dual citizenship.
In a ruling, the court has stopped the implementation of Section 8(4) of the Immigration Act.
The law states that individuals who fail to reveal their dual citizenship within 90 days are liable to pay a fine of Sh5 million, three-year jail term or both.
“In the interim and pending of the petition, the court be pleased and hereby issues a conservatory order in public interest and in the end of justice, suspending and or staying the continued implementation of action under prosecution or any act enforcing section 8(4) of the Kenyan Citizenship and Immigration Act against the petitioner or any other Kenyan Citizen in Kenya or in the diaspora who has acquired dual citizenship,” the order reads in part.
The court has issued the conservatory orders following an application filed by businessman Kariuki Ndegwa.
In his application, Kariuki argues that the law does not provide defense or an exception if the stipulated time frame of 90 days after acquiring the second citizenship elapses.
Kariuki says the law does not only affect him but also thousands of Kenyan nationals by birth who have acquired citizenship of other countries.
He also argues that the law limits freedom of movement as guaranteed by the Constitution and wants it declared Unconstitutional.
He further terms the punishment as "stiff, arbitrary, oppressive and unjustifiable."
“It is disproportionate and excessive to punish Kenyans working abroad through conviction and stiff sentencing on account of an administrative issue of disclosure that can be achieved through less restrictive means,” notes Kariuki.
He also notes that the piece of legislation is discriminating as it only targets Kenyans, and spares other foreign citizens.
Comments
Whoever makes these laws??…
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Whoever makes these laws???Have they ever stepped out of the country?? Why put in place stupid laws meant to punish innocent citizens who have mostly been pushed to outside the country to look for greener pastures?? And then channel billions back to the same country that wants to punish them????
The rule requiring Kenyans…
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The rule requiring Kenyans to get new passports should also be struck down, using the same reasoning. There is no reason why Kenyans, with Valid Passports, should be forced to get another passport. And since Citizens of other countries are not required to have E-passports, even in Kenya, it amounts to discrimination against its own citizens, and should be challenged in Court as Unconstitutional.
I wonder why Kenyan…
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I wonder why Kenyan government and some Kenyans living in Kenya have tendency to discriminate other Kenyans in diaspora! This law is a typical example. Anything touching diaspora tends to elicit negative response and discrimination! Whether voting right, fair taxation, passport application and other administrative need. When it comes to remittance, Kenyans abroad send home more than Ksh 300 billion every three months not to mention starting lots of developmental projects which are critical to Kenyan economy. Seems like the jealousy among some Kenyans to diaspora is clearly manifested among law makers too! Whenever something tragic happens to a fellow Kenyan abroad a number of responses are not sympathy but rather negative comments even among some journalists and media houses! Sad.
@Jag Spot on. Some of these…
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In reply to I wonder why Kenyan… by Jag (not verified)
@Jag Spot on. Some of these folks do not see diaspora as part of the Kenyan fabric. Most are paranoid and view diaspora as "neo-colonialists" no wonder they put more obstacles to their own citizens than to wazungus and the Chinese.
You should ask Mhalisi why…
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In reply to I wonder why Kenyan… by Jag (not verified)
You should ask Mhalisi why the hate.
@Mteja, @SettledNomad and …
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@Mteja, @SettledNomad and @Jag you all bring up some good observations. Kenyans in Diaspora don't seem to have friends in Kenyan politics or even nationally. When our own is suffering they make fun. They make fun of the toilets we clean yet when huge remittances are sent, it is a big story. Companies come to seek out diasporians some hoping to con us some more. Total foolishness.
Diasporan are the envy of…
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Diasporan are the envy of many... many who wish they'd take your place...but unfortunately, the envy is coated with hate, ridicule and bitterness that no one can explain. So, put your heads up...tweng real good when you visit and do not spare a chance to spoil yourselves on lavish holidays when you visit. Don't spend too much on jealousy family and friends unless you wanna run it in...... JIENJOY-ni....macho ya chura hayazuii ngombe Kinyua maji....Go Diasporans!
That's right, "I too" I'm…
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In reply to Diasporan are the envy of… by JustMe (not verified)
That's right, "I too" I'm tired of apologizing about my hard earned money and proving to anyone anything !If I want to invest huko or Timbuktu , hiyo ni shauri yangu!Kila saa tunasomewa hapa sijui hatuna kitu, sijui tunafagia choo, sijui hatuna kitu ya kurudia Kenya( some of us do not need to, we had that( house, land etc) before tukuje majuu, mtu aongee juu ya circumstance yake peke yake!...
these are crafting these…
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these are crafting these draconian and misplaced so called laws as A DIVERSIONARY GIMMICK TO TURN ATTENTION AWAY THIS CANCER OF CORRUPTION AND LOOTING THEY ARE DOING DAILY TO KENYA.The Supreme Court should strike that down and issue a
Na bado Otato haijauliza ni…
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Na bado Otato haijauliza ni nani ako na pp mbili. It will come a time we have to choose between a hard place and a rock. Hio ukuta my friends ni ya kufungia wadhii wasijaribu kuhepa kukidhoka. Tafakari hayo.
Diaspora r divided with hate…
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Diaspora r divided with hate n big time in tribal lines.Just admit hauwezi shikana pamoja.Check how many churches have bin started kitribe in every state n this churches don't agree or even come together juu watu wakiambu,wa nyeri,wakamba,wanjaluo,waluhya,wa kisii wako na makanisa zao??So the biggest blame is you guys from diaspora n i lived there in state so i know very well what am talking about???So njipangeni come up with one big political party n start from there.
You know why your comments…
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In reply to Diaspora r divided with hate… by mkenya halisi (not verified)
You know why your comments are annoying, you lump us all together in one basket! Do you know how many Diasporas are scattered all over the world and even in US, there is almost a few Kenyans in each state. Kama wewe ulikuwa mbuzi ukafuata wakenya in their "local enclave" huku majuu pahali gossip and envy exist and all matter of crap that you talk here, I want to tell you there is equally another group that do not live or care about those enclaves ( did you ever hang out with Lupita anywhere?), wako in their corners and doing great and not yapping and letting the world know how many shambas , plotis they have to prove to anyone that they are worth coming to your glorious Kenya and "invest" as if everyone came here because they were not living comfortable lives in Kenya.
Personally I diversify who I hang around with and what kind of topics I engage in with the very few and when I say few Kenyans huku I care for, I mean exactly that! . So please do not lump me and my friends as "you guys" !
I don't know why the Kenya…
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I don't know why the Kenya Government got drunk or hysterical with the word DUOCITIZENSHIP. If you take it to mean that one will not lose Citizenship of Kenya by becoming a Citizen of another Country, you will need no laws and no court issues. What is wrong if One goes back to Kenya and becomes even the President? Kenyan leaders look very shallow minded on this issue of duocitizenship.
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