The point is even though ur born in kenya u don’t automatically get things like passport for free or easily. U have to follow the law by applying for it using certain requirements and wait for them to vet ur docs . now Miguna’s application was rejected in kenya but accepted in Canada so he automatically became a Canadian resident . An immigration officer too can’t tell ur status by just looking at u.
Was this in the old or new constitution?
Very good question but sioni akijibu. Atasema both were kenya katiba s.
Miguna is now screaming in Canada that the Canadians should have screamed and made noise for him.
Doesn’t he know that a Caucasian tourist lost in the Mara would arouse more Canadian interest than a self-declared general of a fledgling terrorist movement?
Ati towards what purpose… si nimexplain hapo kwa hio comment. Nasa has all these foreigners working for them for months and years on end you think they just walk into a Kenyan embassy and explain their purpose in the country and get documentation? Of course not, baba has them covered. You must have seen some of these wazungus e.g. a particular woman who is always on camera recording all of rao’s shenanigans.
Hata hawa akina salim lone na yash pal ghai solid raila advisers I suspect they denounced their Kenyan citizenship many years ago and operate on illegal Kenyan passports. Even akina maina kiai and githongo. Na mingi zilipatikana enzi za kajwang.
Is the issues about Miguna’s citizenship or the role he played, at the swearing in event and rallying call made as General to NRM soldiers vice verse his status?
Does he have the constitution rights as a dual citizen or Canadian to partake in swearing in another or lead a group of foot soldiers, outside the directive of the constitution?
Forks!
The NRM GENERAL modus-operadi and Order of duty is ( DCS) DECONSTRUCT.
Here is a gem from SCJ Lenaola, it is just one of several more precedents awaiting the general if he unwisely continues running down his well trodden path of personally committed illegalities:
Bashir Mohamed Jama Abdi vs the Minister for Immigration and Registration of Persons and others, PETITION NO.586 OF 2012
(ii) Having proved by irrefutable DNA evidence that he is the biological son of the Petitioner, [B]Abdi is entitled to the citizenship of Kenya by birth[/B] in the meaning of Articles 13(1), (2), 14(1), (2), (5) and 16 of the Constitution and Section 6, 7, 8 and 10 of the Kenya Citizenship and Immigration Act, 2011.
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(i) A declaration that the subject Abdi Bashir Mohamed alias Cabdiqani Bashir Maxamed is by Article 13(1),(2),14(1),(2), (5) and 16 of the Constitution a citizen of Kenya by birth and/or a person entitled to regain his Kenyan citizenship.
It is obvious to me that whereas Abdi is entitled to apply to regain his citizenship, this Court cannot be the organ to grant it to him because it is not a matter of right. He should make the necessary application and if it is formally denied, then he can have recourse to the Court after that fact. This prayer is consequently denied.
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(ii) A declaration that the subject Abdi Bashir Mohamed alias Cabdiqani Bashir Maxamed is entitled to all rights of a citizen of Kenya under Articles 12, 27(1), 39(3), 45(1), (2) and 50(1) of the Constitution.
Abdi is not a citizen of Kenya. He is a citizen of the United Kingdom and until he lawfully regains his citizenship, he is not entitled to this prayer which is therefore denied.
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(iii) A declaration that under Regulations 7 and 8 of the Kenya Citizenship and Immigration Regulations, 2012 the subject Abdi Bashir Mohamed alias Cabdiqani Bashir Maxamed is entitled to entry into Kenya as a Kenyan citizen using his British passport and to endorsement of his British passport with the fact of his being a citizen of Kenya.
Regulations 7 and 8 provide for “use of Kenyan Passport or the Passport of any other Country” and “endorsement of Passport of other Countries” respectively with regard to dual citizens. [B]Abdi is [U]yet to obtain dual citizenship[/U] and as such those provisions of the law cannot apply to him and the prayer is therefore denied.[/B]
DELIVERED, DATED AND SIGNED AT NAIROBI THIS 7TH DAY OF MARCH 2014.
ISAAC LENAOLA JUDGE
In the presence of:
Irene – Court clerk
Mr. Mureithi for Petitioner
Mr. Maimbo holding brief for Mr. Kakoi for Petitioner
THE KENYA CITIZENSHIP AND IMMIGRATION ACT, 2011
Dual citizenship.
8.
(3) Every dual citizen shall disclose his or her other citizenship in the prescribed manner within three months of becoming a dual citizen.
(4) A dual citizen who fails to disclose the dual citizenship in the prescribed manner commits an offence and shall be liable, on conviction, to a fine not exceeding five million shillings or imprisonment for a term not exceeding three years or both.
Correct, an act founded in illegality is fatally flawed, it is akin to the fruit of the poisoned tree. In Miguna’s Canada, several are stripped of their citizenship for having obtained such citizenship and documents fraudulently.
Read the legal precedents, the courts have been consistent on this so far. No one stripped Miguna of his citizenship, he voluntarily lost it when he applied for Canadian citizenship before 2010. He had the option of remaining as a Canadian permanent resident, no one forced him to become a Canadian citizen. The 2010 constitution would not have provisions for one to regain citizenship if there was no one way one could have lost their citizenship pre-2010. Charles Nyachae warned the diaspora a long time ago, Miguna was too arrogant to heed the law and advice.
[INDENT]Kenyans in the Diaspora who acquired citizenship of other countries before the promulgation of the New Constitution must apply to regain Kenyan citizenship. The Constitution Implementation Commission Mr Charles Nyachae told a meeting attended by Kenyans living in Canada that majority of them assume that they regain citizenship due to the Dual Citizenship clause “According to the constitution, the moment you acquired citizenship of another country (before August 2010), the operational piece of the constitution kicked in and you automatically lost your Kenyan citizenship making you a “foreigner” in your own country,” said Nyachae, chairman of CIC.
Dual citizenship shocker for Diaspora [/INDENT]
If so, they have already committed an offence and are liable to be guests of the state or if they are shown mercy they can get away with payment of a hefty fine. If Lone suddenly has a sudden trip or goes kimya, then you know why.
[QUOTE=“obienga, post: 1489842, member: 25476”
[COLOR=rgb(255, 0, 0)]
Abdi is yet to obtain dual citizenship and as such those provisions of the law cannot apply to him and the prayer is therefore denied.
DELIVERED, DATED AND SIGNED AT NAIROBI THIS 7TH DAY OF MARCH 2014.
ISAAC LENAOLA JUDGE
In the presence of:
Irene – Court clerk
Mr. Mureithi for Petitioner
Mr. Maimbo holding brief for Mr. Kakoi for Petitioner
[/QUOTE]
Lenaola!!