EACC: Why Duale, 9 MPs Could Lose Their Seats

Garissa MP Aden Duale
Garissa MP Aden Duale [Photo, Courtesy]
Public officers are not allowed by the Constitution to hold dual citizenship, Ethics and Anti-Corruption Commission (EACC) has said.

EACC was seemingly responding to media reports that on Wednesday, activist Okiya Omtatah had written to the Commission to investigate National Assembly Majority Leader Aden Duale and nine other legislators, who he claims hold dual nationalities.

MPs accused of holding dual citizenship are Garissa MP Aden Duale (Somali) Marsabit Woman Representative Safia Sheikh Adan (Somali and Ethiopian), Daadab MP Mohammed Dahir Duale (Somali) Mandera South MP Man Haji Ali (Somali).

Others are Kamukunji MP Yusuf Hassan Abdi (UK citizenship), Charles Ngusya Nguna (Greece) Lagdera MP Mohammed Garane (Somali), Mwingi West MP and Naivasha MP Jane Kihara (US).

By the virtue of being dual citizens, Okiya raised concerns that the legislators have allegiance to foreign countries.

The Commission noted that the Constitution provides the right to acquire dual citizenship, but the same is prohibited for State and Public Officers with some exemptions.

Okiya Omtatah
Activist Okiya Omtatah

Those exempted include a certain category of judges, members of commissions or any person who has been made a citizen of another country’s law, without the ability to opt out.

The Commission quoted Article 260 of the Constitution that defines a public officer as any State officer or any person other than state officer who holds a public office.

EACC Dual Citizenship

It further added that it had launched investigations to verify the allegations with a view of taking appropriate action against the Public Officers per the law.

It indicated that such action could include initiating mechanisms for removal from office for violation of Chapter Six of the Constitution.

EACC Dual Citizenship

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