While ruling in a petition filed by Mwende Mwinzi, a nominee for ambassador position to South Korea, Justice Makau said the nominee falls within the category of Article 78(3)(b), which exempts persons made citizens of other countries without the ability to opt out.
According to the judge, the only persons who can be asked to renounce citizenship are the ones who can opt out. Justice Makau added he agrees that citizenship is an inalienable right.
The court said she cannot opt out of a birthright.
The judge said the appointment is not an event but a process and the move to file the petition before the process was completed was premature.
“It is in public interest that the process should be allowed to be completed,” he said.
Ms Mwinzi filed the petition seeking, among other orders, a declaration that after MPs vetting, her appointment was complete. President Uhuru Kenyatta nominated her on May 2.