Leaked legal advice fuels citizenship concerns about SA Liberal Senator Lucy Gichuhi
CANBERRA’S citizenship crisis might take another turn with leaked legal advice fuelling claims that Kenyan-born South Australian Liberal Senator Lucy Gichuhi might still be a dual citizen.
NSW
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CANBERRA’S citizenship crisis might take another turn with leaked legal advice fuelling claims that Kenyan-born South Australian Liberal Senator Lucy Gichuhi might still be a dual citizen.
However, as she is a senator, any exclusion would not trigger another by-election.
The Sunday Telegraph has seen legal advice prepared by Dr Edwin Abuya, a constitutional expert and Associate Professor at the University of Nairobi School of Law.
Dr Abuya poured cold water on Senator Gichuhi’s claims that she automatically lost her Kenyan citizenship when she became an Australian citizen in 2001.
In the advice, compiled in April 2017, Dr Abuya argued that “a loss of citizenship was not automatic” and Senator Gichuhi should have written to the Kenyan Minster in charge of nationality affairs to renounce her citizenship.
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“Applicants were required to fill out Form L titled: Declaration of Renunciation of Citizenship made by a Citizen of Kenya who is also a Citizen or a National of Another Country,” Dr Abuya said.
“The point to underline is the application for renunciation would be the required to trigger this process in the law”.
“In sum, unless Ms Gichuhi produces a Certificate of Renunciation she still holds Kenyan citizenship. The burden would be on her to show she had renounced her Kenyan citizenship by producing this certificate, if her Kenyan citizenship is contested.”
The opinion contradicts legal advice provided by Senator Gichuhi which was prepared by Professor Yash Pal Ghai from the University of Hong Kong.
He cites section 96 of the of the Kenyan constitution which says Kenyan citizens cease to hold citizenship if they “acquires the citizenship of some country other than Kenya”.
But Dr Abuya argues that the constitution needs to be read alongside citizenship laws. “Reading one statute alone is likely to cause one to miss the point,” he said.
“Consequently, it would follow that the loss of citizenship was not automatic.”
“ … an applicant who holds citizenship of another country must take additional steps.”
At the height of the citizenship saga, Senator Gichuhi uploaded a letter from the Kenyan embassy claiming she was not a dual citizen.
But on page 20 of her own advice there is contradictory advice which states “A citizen by birth does not lose citizenship by acquiring the citizenship of another country.”
Several Liberal MPs are demanding the party investigate Senator Gichuhi’s citizenship after reports fellow South Australian senate nominee Alex Antic — who has a letter from the Serbian embassy declaring he is not a citizen — was asked to provide addition evidence.
Backers of Mr Antic say Senator Gichuhi needs to be held to the same standard.
Senator Gichuhi did not reply to questions from The Sunday Telegraph.