Failure to Disclose Dual Citizenship within Three Months Not A Crime, Court Rules

Kenyans with dual citizenship got a sigh of relief after the high court suspended the implementation of Section 8(4) of the Immigration Act.

The act if implemented would see anyone with dual citizenship pay a fine of Ksh.5 million, three years imprisonment or both in the event that he/she fails to disclose his status within three months of becoming a dual citizen.

“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,” reads the order.

Kariuki Ndengwa, who filed the application, cited that there is no any defense provided by the law or an exception if one fails to acquire the second citizen before the end of the three months’ time.

He added that many Kenyans are living in other states across the globe after acquiring citizenships but are Kenyans by birth and fear being arrested after entering Kenya despite it being their right, the law makes it a crime.

In his argument, he asked for the law to be declared unconstitutional as it is clear that it limits citizens from enjoying the freedom of movement guaranteed by the constitution.

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