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Bishop Donald Kisaka Mwawasi v. Attorney General,Independent Electoral & Boundaries Commission (I.E.B.C.) & Commisssion on Implementation of the Constitution (C.I.C.)

(2014) JELR 105001 (CA)

Court of Appeal  •  Civil Appeal 280 of 2013  •  6 Jun 2014  •  Kenya

Erastus Mwaniki Githinji, Mohammed Abdullahi Warsame, George Benedict Maina Kariuki



[1] This is an appeal from the judgment and decree of the High Court (Majanja, J.) whereby the learned Judge held in essence that by virtue of Article 78(2) of the Constitution a person who holds dual citizenship cannot run for an elective office as a member of Parliament. It was submitted by counsel for the appellant in this appeal that the learned Judge erred in law in so finding.

[2] The appellant is a citizen of Kenya by birth having been born in 1950 in Taita Taveta County. He went to United States of American (USA) in 1987 and became an American citizen in 2011 and describes himself as a dual citizen. On 14th December 2012, the appellant was registered as a member of Agano political party and applied to be nominated to contest for Senate seat of Taita Taveta County in the general elections held on 4th March 2013. The appellant was duly nominated and was issued with a nomination certificate by the Agano party.

[3] Sometime in January 2013 the Independent Electo…

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