African American petitions Kenyan High Court for citizenship
Mubarak Abdul Muqsit Akram asserts that he has an inalienable right to return to his motherland and ancestral home in Africa, specifically Kenya.
Mubarak Abdul Muqsit Akram, an African American and US citizen, has filed a petition at the High Court in Mombasa, seeking recognition as a Kenyan citizen.
Akram asserts that he has an inalienable right to return to his motherland and ancestral home in Africa, specifically Kenya.
Having consciously chosen Kenya as his ancestral home, Akram, born in the state of Texas in 1946 to African American parents, first visited Kenya in 2003 and returned in 2008. Despite finding solace, warmth, and comfort in the country, he says he felt like a "foreigner" during his stay.
In his petition, he calls for a declaration under international law and the constitution, asserting that his right to return to his ancestral home and the choice of Kenya as his country should be guaranteed and protected by the state.
He is also seeking an order for the Immigration and Citizen Services director to recognise him as a Kenyan citizen within 30 days of the judgment, issuing him a passport and a national identity card.
The petitioner, who holds a foreigner certificate, has named the Interior Cabinet Secretary, the Immigration and Citizen Services director, and the Attorney-General as respondents in the case.
Akram contends that his choice of Kenya as his ancestral home is rooted in the Abuja Proclamation.
The Abuja Proclamation, a declaration from the Pan African Conference on reparations for African Enslavement, Colonization, and Neo-Colonization in 1993, sponsored by the African Union, calls upon all African states to grant entrance and residence rights to persons of African descent.
Akram believes that the proclamation forms part of Kenyan law.
"It is the petitioner’s firm belief and conviction that the Abuja Proclamation forms part of the laws of Kenya by the provisions of the constitution," he says, adding the Immigration and Citizen Services director's refusal to grant him citizenship violates the constitution.
Further, Akram claims he is not a refugee, asylum seeker, immigrant, emigrant, foreigner, or visitor, and is not in exile.
His citizenship application is based on the right provided in the Abuja Proclamation, he says, and alleges that the department's failure to respond to his letters or provide reasons for refusal constitutes a violation of the constitution concerning fair administrative action.
In seeking justice, Akram is also calling for a declaration that his rights under the constitution have been violated and insists that Kenya is obligated under its constitution to respect, uphold, and comply with general rules of international law, including treaties and conventions.
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