month of the year and it goes pretty fast. Its a relief when it comes
as January is one month everybody would like to forget. Right now I'm
sitting in some cold place with temperatures at 3 degrees yet today
theres a bit of sun. The men are in heavy coats but the women are in
skirts, tights and boots. Can't understand how they are not freezing.
I'm dressed like an Eskimo and everybody surely can tell I don't
belong here.
Anyway the Africa Cup of Nations came and went and congrats to Egypt.
In the end they were the deserved winners. The young guns from Ghana
tried and deserve some accolades too. Somehow despite all the hype of
the tournament I and many other sports fans felt cheated. Where were
Samuel E'too, Didier Drogba, Kolo Toure, Alex Song and Yaya Toure
during this tournament? Their names were on team sheets but they
simply never appeared. And when they did it surely wasn't the same
guys we watch week in week out. They were a disaster and did not play
any of the quality soccer they show with their respective clubs.
If it was a chance to come home and be real Africans then they
succeeded completely. From what we saw they completely killed the
hopes of an African team winning the 2010 World Cup with those native
displays. Ghana may have a chance of progressing but its a long shot.
Nigeria, Cameroon, Ivory Coast, Algeria we pray for a change of
fortunes. Maybe it was camouflage and the real performance will come
out in June. As for South Africa the hosts, that is what they are -
hosts.
Kenyans spirits were almost lifted when it became apparent that our
own MacDonald Mariga would be joining Manchester City for almost a
Kshs 1 billion transfer fee. Euphoria lit the local sports scene as
one of our one would finally be playing in the English Premier League.
Many were ready to abandon their original teams and support Mariga.
Alas that was not to be and the family move to Lavington from
Racecourse was put on hold as the British Home Office denied Mariga a
work permit on some flimsy excuse that Kenya was not in the top 70
ranked soccer nations. How ridiculous as one would ask whether they
were signing Kenya's Harambee Stars or a talent from Kenya. No wonder
Roberto Mancini was livid on Sky Sports today as he couldn't
understand how the Home Office could deny Kenya's best player a work
permit. Well Jose Mourinho at Inter Milan is having the last laugh as
he swiftly signed the Kenyan who made his debut midweek for Inter in a
1-0 win over Fiorentina. Never mind that he came on in the 89th
minute.
Kenya Rugby 7's are in Wellington, New Zealand for the IRB Sevens and
played 3 lost one to England but still qualified for the main cup
quarters where they will play Samoa tomorrow. Good luck Kenya 7's, win
the cup and make us proud. With Kayange, Injera, Ashioya, Asego, Weru
etc, who can stop Kenya? (Update: Kenya bow out in Plate Semis 26-17
to Australia. Earlier they lost 14-12 to Samoa.)
Back home we seem to be on track with the new constitution. One must
ask it is the peoples choice or the MP's choice? I just hope that
whatever the outcome Kenya will be a better place to live in free of
corruption and less insecurity. Also lets just plant more trees as we
are in dire need of forest cover. We should be at 10% and not the
current 2%.
Spare a thought for Minister Chirau Ali Mwakwere who has just lost his
parliamentary seat in an election petition. My sympathies go to his
immediate clansmen as they seem to be the only ones shedding tears at
the moment. Our national concern is whether the new ferries will
arrive in Mombasa as scheduled or that has to wait till the
by-election? The people and economy of South Coast surely deserve
better. This is the time to put somebody who will really be in charge
of the transport sector in Kenya. That madness has to be brought under
control.
See you and have a good weekend. I'm off to catch my train to Seven Sisters.
On January 22, 2010, Justice L. Kimaru of the Kenya High Court ruled that the current Kenya Constitution does not prohibit the acquisition of dual citizenship and that one does not loose Kenya citizenship by acquiring citizenship of another country unless in so doing, he/she renounces Kenya Citizenship. Below are some excerpts from that decision.
ReplyDelete**** ***** ***** **** ***** ***** **** ***** ***** **** ***** *****
Section 89 of the Constitution guarantees any person born in Kenya after 11th December 1963 of citizenship of Kenya if at the date of his birth one of his parents is a citizen of Kenya. The petitioner therefore, by virtue of his birth in Kenya, and the fact that both his parents are citizens of Kenya, is entitled citizenship of Kenya. My understanding of the 1st respondents application is that by acquiring Australian citizenship and thereby being issued with an Australian passport, the petitioner had ceased to be a Kenyan citizen. Does Section 97(1), (3) and (7) of the Constitution deprive a Kenyan citizen by birth his citizenship upon acquiring nationality of another country? My reading of Section 88, 90, 92, 93, 94, 95 and 97 of the Constitution leads me to the conclusion that the said Sections of the Law prohibited persons of a particular category who are citizens of other countries at the time Kenya attained independence.
It does not apply to citizen of Kenya who acquired citizenship by virtue of their birth from acquiring citizenship of another country after attaining twenty-one years of age. The said Sections of the Constitution must be read in the context by which they were enacted. At the time Kenya attained independence, certain category of persons who qualified to acquire Kenyan citizenship, and having the option of retaining British citizenship, were being subtly encouraged to decide whether they desired to be citizens of the newly independent Kenya or be subject of the United Kingdom and colonies.
Even assuming that the petitioner had indeed acquired Australian citizenship, there is nothing in the constitution that specifically prohibits the petitioner from acquiring such citizenship while at the same time retaining his Kenyan citizenship provided that Australian law allows for its citizens to acquire and have dual nationality. There is only one exception; this is where the petitioner specifically renounces his citizenship of Kenya and acquires citizenship of another country that does not allow dual citizenship. The 1st respondent placed no evidence before this court that establishes that the petitioner has indeed renounced his citizenship of Kenya as contemplated by Section 97(7) of the Constitution.