Human rights

SHOULD THE KENYAN CONSTITUTION ALLOW FOR DUAL CITIZENSHIP?

Results of an opinion polls of kenyans in the uk

2001-11-08, Issue 41

http://pambazuka.org/en/category/rights/3980

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This report presents an analysis of an opinion poll conducted to establish the views of Kenyans living in the UK, regarding whether or not they would like the Kenyan Constitution currently under review to provide for dual citizenship.

SHOULD THE KENYAN CONSTITUTION ALLOW FOR DUAL CITIZENSHIP?
RESULTS OF AN OPINION POLL OF KENYANS IN THE UK

Prof. Ezekiel Obado, Ben Osuga M Sc., Joshua Odongo M Sc. and Tom Ojwang M Sc
October 2001

Executive Summary
This report presents a summary of an opinion poll, which set out to answer the question:
“Should the Kenya constitution allow for dual citizenship?”
The respondents were given three options to choose from, which were: YES, NO and NOT SURE.
Out of a total of 982 people responding, 962 (98%) answered YES and. 20 (2%) answered NOT SURE. No one answered NO.
With the overwhelming support for dual citizenship by Kenyans living in the United Kingdom, the authors therefore recommend to the Chair of the Constitution of Kenya Review Commission to incorporate the findings of this study in the New Kenyan Constitution.
The Context
Trans-border capital mobility, which has come about as a result of globalisation, has eroded government sovereignty, particularly in the post cold war era. Globalisation offers a wide range of opportunities for individuals and nation states to share knowledge, skills and resources. History does show that those countries that have open door policy on migration have benefited tremendously in all aspects of human development. In the Bretton Woods era, governments controlled capital movement, and so, at least in the case of rich countries with large domestic markets, set the terms on which companies could do business in their countries. Now, Transnational corporations (TNCs) set the terms on which they are willing to be there. In effect, real sovereignty belongs more and more to global capital, especially global finance which operates in a substantially unified global market.

A quick analysis of sources of income by developing countries such as those in Sub-Saharan Africa would show remittances from nationals in the Diaspora compares favourably with other foreign income earners, such as, in the case of Kenya, tourism, coffee export, etc, if not better. Indeed, some countries in West Africa have already conducted such analyses and found that their citizens in the Diaspora are a very significant, if not indeed, the leading source of foreign income.


It is therefore imperative that with this in mind, it is in each country’s best interest to review their constitutions to ensure that they facilitate rather than impede free settlement of their citizens, in order to maximise these benefits for the good of their countries.

The authors see the constitutional review process, currently underway in Kenya, as a unique and timely opportunity for all Kenyans to work together to produce a constitution fit for the twenty first century and beyond. The authors are further persuaded that Kenyans in the Diaspora have unique experience and exposure, with which they can make valuable contribution towards the re-writing of the Kenyan constitution. It is in this light that the authors of this paper set out to seek the opinion of Kenyans living in the UK, on the issue of dual citizenship.

Methods and Results
This report presents an analysis of an opinion poll conducted to establish the views of Kenyans living in the UK, regarding whether or not they would like the Kenyan Constitution currently under review to provide for dual citizenship. The opinions of Kenyans were solicited from Kenyans attending a wide range of gatherings including Social network gatherings, Religious meeting places, and Community development meetings, Institutions of higher learning as well as Telephone interviews within and outside London. A total of 982 people were interviewed. Out of these 962 (98%) would like the constitution to provide for dual citizenship, 20 (2%) were not sure and none were opposed to Kenyans having dual citizenship.

Conclusion and Recommendation
In view of the overwhelming support for dual citizenship by Kenyans living in the United Kingdom, the authors would recommend to the Chair of the Constitution of Kenya Review Commission to incorporate the findings of this study in the New Kenyan Constitution.



Contact details of the authors:
Prof. E. Obado (Mobile.07790 721 307), B. Osuga (Benosuga@hotmail.com), J. Odongo (Jodongo@aol.com), and T. Ojwang

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