EACC probing Kiambu leader's nationality

By Felix Olick and Cyrus Ombati

NAIROBI, KENYA: The Ethics and Anti-Corruption Commission (EACC) has joined the probe into Kiambu Deputy Governor Gerald Gakuha following reports that he is a holder of dual citizenship. 

EACC wrote to the Law Society of Kenya (LSK) for any information within their possession to assist in their probe against the Kiambu leader. 

“The Commission request in the spirit of our mutual cooperation that you kindly provide us with information in your possession regarding the subject to facilitate further investigations and actions,” reads the letter dated March 5. 

The Commission headed by Mumo Matemu maintained that they are mandated by law to protect chapter six of the Constitution on leadership and integrity. 

“The Leadership and Integrity Act, 2012 has mandated the commission to ensure compliance and enforcement within the provisions of Chapter six of the Constitution,” said the EACC letter signed by Deputy Secretary Michael Mubea. 

It had emerged Mr Gakuha who deputises Kiambu Governor William Kagogo could have been cleared irregularly by the Independent Electoral and Boundaries Commission to run for the top job. 

The deputy governor acquired British nationality more than ten years ago and is a director of a number of companies in the UK.
According to Article 78 of the Constitution on Citizenship and Leadership, a person is not eligible for appointment to a State office unless the person is a citizen of Kenya. 

 “A state officer or a member of the defence forces shall not hold dual citizenship,” states Article 78 (2) of Kenya’s 2010 Constitution. 

As a result, LSK Chief Executive Officer Apollo Mboya raised the complaint with IEBC Chairman Isaac Hassan requesting the commission to provide documents filed by Kabogo and Gakuha before last year’s polls. 

LSK attached a document indicating that Gakuha is the Director of a company known as Pinnacle of Excellence Limited and is a British national. 

 “The attached information indicating that the above named deputy governor is a British nationality has come to our attention,” said Mr Mboya in the letter.  

“ Article 78 of the Constitution of Kenya provides for that a person is not eligible for election or appointment to a state office unless the person is a citizen of Kenya.” 

 LSK also cited Article 260 of the Constitution, which list governors, their deputies, members of the county assembly as part of state officers. 

 But contacted for a comment Mr Gakuha vehemently denied the allegations but admitted that he stayed in Britain for long time. 

 “My passport allows me to go in and out of Britain frequently but I am not a British national,” responded the Kiambu leader. 

He refused to confirm or deny if he was at the British embassy in Nairobi on Monday over his citizenship saga.