Court dismisses bid to bar Saytun from Lagdera parliamentary race over multiple citizenship

Three Garissa politicians have failed to compel the high court to bar politician Saytun Abdulqan Ibrahim from contesting the Lagdera parliamentary seat because he holds multiple citizenship.

Ahmed Daib Mohamed, Aden Mohamed Olow and Abdirizak Ziyad had petitioned the high court in Garissa to bar the Ethics and Anti-Corruption Commission (EACC) and Independent Electoral Commission (IEBC) from clearing Saytun to vie.

The three had sued Saytun, IEBC, and EACC together with the Director of Immigration Services in the Ministry of Interior and National Administration and Registrar of Persons.

The petitioners wanted the high court to quash Saytun's registration as a Kenyan and bar him from holding any state office as prescribed under article 78(1) of the Constitution.

They also wanted the high court to declare that Ibrahim was disqualified from being elected as a member of parliament under article 99(2) (c) of the constitution.

The petitioners wanted the court to issue a permanent injunction baring EACC and IEBC from clearing Saytun as qualified to run for any elective seat in Kenya.

Ahmed and his fellow petitioners argue that Saytun is a British citizen, a Somali Citizen born in Kismayu and a Kenyan Citizen and therefore being a citizen of three countries, he is unqualified to hold a state office in Kenya.

Saytun vied for the Lagdera parliamentary seat in the August 2022 national elections after being cleared by IEBC and EACC.

In an affidavit to support the petition, Ahmed said that Saytun could not hold Kenyan citizenship under whatever reasons and that his participation as a candidate in the general elections was in violation of articles 78(1) and 99(2) (c) of the constitution.

He claimed that Ibrahim is purporting to hold a Kenyan citizenship while still holding a British citizenship with an origin from the republic of Somalia.

Ahmed says that is itself a threat to the establishment of the constitution hence the need for the court to grant the prayers sought.

Saytun declined to participate in the proceedings and the matter was heard without his presence.

Justice John Onyiengo of high court in Garissa said from case laws, a candidate aspiring for an elective seat while holding dual citizenship can only be allowed to assume office upon renouncing his or her other nationality status.

According to the judge, a person cannot hold an elective position or state officer's office or position unless they renounce their dual citizenship.

"However, the petitioner was of the view that (Saytun) was not holding dual citizenship but triple in this case; being a Kenyan citizen; Somali and British all of which were not challenged nor denied," stated Onyiengo.

"According to the petitioners, the Kenyan law only shields dual citizenship holders from contesting elective positions but not triple citizenship holders."

The judge set out to determine whether Saytun should be stripped of Kenyan citizenship.

And in this case, Onyiengo noted the petitioners' claims that Saytun falsely acquired Kenyan citizenship through false misrepresentation of facts yet he was a Somali citizen by birth.

The judge said that is an offence under the Kenyan citizenship and Immigration Act sections 8 and 54(1) for any person to make a false declaration leading to acquisition of Kenyan citizenship by registration hence liable to a fine of not more than 5 million.

"In fact, if there was false declaration leading to acquisition of Kenyan citizenship, (Saytun) should be arrested and charged before a court of law. Subsequently, if found guilty or if there is sufficient evidence, due process for revocation of his citizenship shall follow as provided under section 21 of the same Act," stated Onyiengo.

Onyiengo declined to grant the orders sought and dismissed the petition.