Controversy sparks after Government explanation on Miguna’s Deportation
Was it legal to deport Miguna?
According to Mr. Njoka, Miguna was not a Kenyan Citizen as after acquiring a Canadian Citizenship he allegedly denounced the former. In In a tweet, Njoka stated: "Miguna denounced his Kenyan citizenship years back, acquired Canadian citizenship & never bothered to reclaim Kenyan citizenship in the legally prescribed manner neither did he disclose that he had another country’s citizenship despite being a lawyer who should have known better”.
At the same time the Government on its official twitter handle added:"Please note he renewed his Canadian Passport on 16th June 2017".
However, this explanation was not taken kindly by Kenyans online who raised pertinent questions regarding the deportation.
First, the explanation was outrightly contrary to the Constitution which states that: “A citizen by birth does not lose citizenship by acquiring the citizenship of another country”.
Secondly, others wondered how Mr. Miguna vied for the Nairobi Gubernatorial seat during the August 8 General Election yet he was not a Kenyan Citizen.
The Canadian-based lawyer was cleared to contest for the seat by the Independent Electoral and Boundaries Commission (IEBC).
Nonetheless, according to the IEBC regulations a person is unfit to vie for an elective position if he holdsdual citizenship.
However, one can qualify if the citizenship of the other country has been obtained by operation of law without the capacity to opt out.
The explanation by Mr. Njoka indicates that by the time the August 8 General was being conducted Miguna was a foreigner.
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