BY SPECIAL Correspondent
IN a supposed lifting of the lid on the Marsabit politician, a petitioner says Safia is not a Kenyan and is illegitimately occupying a public office.
Yahya Mohhamud Hassan alleges that Safia is a tripartite citizen of Kenya, Ethiopia and USA.
In urgent application, Hassan contends that the Woman Rep. is illegally occupying the office.
Through his lawyer, Hassan seeks orders compelling the IEBC to declare the seat vacant and call for fresh elections “to enable the people of Marsabit county elect one of their own.”
The petitioner argues that Safia’s multiple citizenship and sitting in Parliament is a mockery to “our national interest, ethos and security.”
“Her continued occupation of the office of Woman Representative to the National assembly is in continuous violation of the constitution,” the petitioner says.
He states that since the respondent has not renounced, relinquished or surrendered her foreign citizenry, she is illegally, illegitimately and unlawfully in office,
The petitioner further states that the Constitution explicitly disqualifies state officers with multiple citizenship from holding a public docket…
“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.
Hassan further wants a declaration that the MP is illegible to continue occupying, holding the office of Woman Representative to the NA and any other state office” the court documents state.
The voter also wants all salaries and other benefits drawn from public funds and paid to the MP to be reimbursed to taxpayers by Adan.
Contravention of the law
Hassan argues that the legislator seats in the August House, under the privileges of the House and receives intelligence and other confidential reports that relate to Kenya while she owes her true allegiance to Ethiopia and the USA.
He claims that the MP took oath whilst knowing fully well that she owed her true allegiance to USA and Ethiopia and she therefore infringed article 78(2) of the constitution and the section 31(2) of the Leadership and Integrity act.
“By Oath of office of Kenya, state officers swear their allegiance to Kenya only” the court documents reads.
He argues that the case is of great public interest as it touches on governance, leadership and also the clear contravention of the law by the MP.
Hassan also avers that the MP is constitutionally ineligible and disqualified from serving as Woman Rep for Marsabit County and cannot therefore continue serving in such capacity for she has never renounced, disavowed or relinquished her foreign citizenship.
He claims that Adan’s US passport issued to her on January 2012 confirms that she is a citizen of the Ethiopia.
He also argues that the taking up of office by an elected person before renunciation, relinquishing and surrounding or abandoning dual citizenship is an egregious violation of the Constitution.