Marsabit Woman Representative Safia Sheikh risks losing her seat if found guilty of being a citizen of three countries.
In a case filed by a voter Yahya Mohamud Hassan, the legislator has been accused of contravening the law by vying for the office despite not having renounced or relinquished her foreign citizenship to US and Ethiopia.
Through his lawyer Omwanza Ombati, Hassan noted that the lawmaker was born in Ethiopia and is a citizen of USA and Kenya making her tripartite citizen of three countries.
By being a tripartite citizen, Hassan claims in the petition in which he has also sued National Assembly Speaker Justin Muturi and the Director of Immigration Alexander Muteshi that the MP has sworn allegiance to three states in contravention of the Constitution.
“An order of Mandamus issued to IEBC to declare the seat of Woman Rep Marsabit County as vacant and call for fresh elections to enable the people of Marsabit elect a credible, trustworthy and reliable representative” the petition reads.
The petition further wants the oath of office administered on the lawmaker after the August 2017 polls declared unconstitutional, null and void.
The petitioner also wants Safia declared ineligible to continue holding office and that she reimburses all the salaries and allowances the lawmaker drew from public funds as a woman representative.
According to Hassan, it is a violation of the constitution for Safia to hold public office before renunciation, relinquishing and surrounding or abandoning dual citizenship.
“By Oath of office of Kenya, state officers swear their allegiance to Kenya only” the petition reads.