Kenyans in the diaspora have petitioned Parliament to amend a law that recognises them as foreigners depending on when they gained dual citizenship, denying them a chance to regain Kenyan citizenship.
They want Section 10 of the Citizenship and Immigration Act, 2011 which requires Kenyans who acquired citizenship of other countries before 2010 be regarded as foreigners, be suspended or declared null.
The same section provides automatic dual citizenship to those who acquired foreign citizenship after 2010. They say this is double standards, discriminatory and unfair since it classifies the Kenya diaspora into two distinct categories.
In a petition signed by 1,564 Kenyans living in the US, they have copied the National Assembly, Senate, Foreign Affairs CS, Director General of Immigration and the President to initiate the amendment.
California Diaspora Representative Paddy Mwembu says the section applies two separate mirrors to the same group of Kenyans and marginalises one, while granting the other special dual citizenship privileges.
“This is not fair and our petition seeks ensure the entire Kenyan diaspora is viewed through a single mirror. It seeks harmonisation of all Kenyans in diaspora regardless of the year that one attained foreign citizenship. The change we are requesting will derive valuable benefits to Kenya and the Kenyans in diaspora,” said Mr Mwembu.
He added: “Even though we live and work abroad, we are Kenyans by birth. We are wakenya halisi, we speak our mother tongue; the national language (Kiswahili) and we uphold our traditional norms.”
He said all Kenyans with citizenships of other nations should be able to regain Kenya citizenship. “We remit billions of dollars each year to support the Kenyan economy. We are heavily invested in Kenya, we pay taxes to the Kenya Revenue Authority and support the welfare of our loved ones at home.” He said despite all these qualities, Kenya treats a section of them as second-class citizens only because they acquired foreign citizenship before 2010. Mwembu, who has lived in the US for over 30 years, said majority of Kenyans are still deeply interested in what is happening back at home.
“Sadly, and due to our natural origins, our host nations see us as a breed that is different from their own; they treat us in a way that suggests we do not fully belong. As an example, in the US, you are prohibited from running for president unless you are an American by birth. The children we have sired in the US can become a president, but we the parents cannot. The question to the Kenya government then is: who and what are we and where do we (the Kenya diaspora) belong?” he posed.
The petitioners want the Kenya government to take into consideration that taking citizenship of another country was not an easy decision but a path to survival for the many. In most cases, it is difficult to build wealth if you are an alien.
The disadvantaged group comprises older Kenyans approaching or have attained retirement age and aspire to spend their retirement in the homeland.