The High Court on Monday gave Foreign Affairs CS Monica Juma two days to respond to a petition filed against Kenya’s ambassador nominee to South Korea Mwende Mwinzi.
This is after lawyer from the Attorney General’s office told the court that they have not received any instructions from the CS to represent and file submissions on her behalf.
Appearing before Justice James Makau, the AG’s office asked for 14 days to file their submissions and an application to have the matter heard by a three-judge bench.
“The matter raises serious questions of law and 14 days will enable us get instructions on whether to ask court to refer the matter to the CJ to empanel a bench to hear the matter,” the court heard.
Last month, Mwinzi file a case in court seeking to have the Government send her to South Korea without requiring that she denounces her American citizenship
According to her, recommendations by a departmental committee that she renounce her U.S. citizenship is illegal, null and void.
She says her counterparts have already taken up their positions but she is yet to be posted which she says “…is in violation of her fundamental rights.”
In reference to Article 260 of the Kenyan Constitution, Mwinzi is adamant that the ambassadorial position is not a State Office.
“Unless this matter is urgently heard, she risks losing her posting as Ambassador to Korea in violation of her fundamental constitutional rights and freedoms,” reads the petition.
Mwinzi was nominated by President Uhuru Kenyatta for the South Korean post in May this year.
MPs approved her nomination on June 6 but with a caveat: that she renounce her American citizenship.
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