Lately, dual citizenship has become a hot button topic for many Kenyans living in the United States. Statistics from the Department of Homeland Security show that between 1999 and 2008, an estimated 202,545 Kenyan were admitted into the United States on various nonimmigrant visas.

A majority of Kenyan nationals entering the U.S. come as students in pursuit of higher education. Many of these Kenyans often continue to reside in the U.S., and a vast majority fully integrates into American culture and society while still maintaining strong ties to their homeland, and family members left in Kenya. As more and more Kenyan nationals migrate to the United States, the call for dual citizenship is increasing.

Currently, Kenya does not recognize dual citizenship and requires anyone maintaining dual citizenship to forfeit their Kenyan citizenship or renounce their citizenship of another country. By contrast, while the U.S. constitution does not explicitly address dual citizenship, the U.S. informally recognizes dual citizenship.

Many countries have historically opposed dual citizenship on the basis that it results in split patriotism. However, as the world becomes increasingly interconnected and globalized, several countries have recognized the benefits of dual citizenship and revised their laws to allow for dual citizenship to facilitate the contributions of their nationals residing overseas.

Many of these countries recognize that their citizens are often compelled to migrate overseas out of economic necessity and continue to maintain strong ties with their country of birth.

Requiring these citizens to forfeit the citizenship of their country of birth as a condition to obtaining the citizenship of their host countries becomes a disincentive for them to invest and maintain close ties to their home countries given that they are less likely to reap the benefits of the economic investments in their home countries.   

The contributions of African nationals living abroad to the economic development of their countries of birth are substantial.

A study by the Journal of Blacks in Higher Education, a New York-based journal that provides comparative statistics of blacks in American colleges and universities, found that Africans have the highest educational attainment rates of any immigrant group in the United States, including Asian immigrants to the U. S.

African immigrants were also found to be more highly educated than any other native-born ethnic group including white Americans. [“African Immigrants in the United States Are the Nation’s Most Highly Educated Group.” The Journal of Blacks in Higher Education, No. 26 (Winter, 1999-2000), pp. 60-61doi:10.2307/2999156]

In addition, African immigrants to the United States contribute millions of dollars in remittances to their home countries.

In the case of Kenya, an annual report by the Central Bank of Kenya points that Kenyans residing abroad were the second highest foreign currency earner for Kenya remitting over $611 million dollars in 2008. These remittances are a main source of foreign exchange for the country and have significantly contributed to economic growth by providing a source of investment funds.

Supporters of dual citizenship are presently advocating for changes to the Kenya constitution under the ongoing Constitutional Review Process to allow for dual citizenship. Recognizing the economic contributions of Kenyan nationals residing abroad, President Kibaki’s administration has also supported the call for dual citizenship.

In response to the issue of dual citizenship, the president in a 2008 address in New York to Kenyans belonging to the diaspora movement recognized that, “As the world becomes more integrated we must encourage free movement of citizens and the right to own property in any part of the country.”

In my opinion, Kenya stands to benefit from allowing dual citizenship for its nationals living outside of the country.

Currently, Kenyan nationals who have obtained U.S citizenship have to seek a visitor’s visa to enter Kenya and employment authorization to reside and work in Kenya.

Dual citizenship will alleviate this need, facilitating free movement between the two countries. Dual citizenship can also encourage economic development in Kenya by facilitating the ability of Kenyan nationals residing abroad to freely invest and own property in Kenya while residing abroad.

Unlike foreign investors who tend to be overly concerned about the risks of investing in developing countries, Kenyan nationals living abroad have a strong kinship to their homeland because of their strong family ties, and are therefore more willing to invest in Kenya.

In addition Kenyan nationals residing overseas can be a source of intellectual capital because of their unique experiences derived from their host country which can be brought to bear in supporting Kenya’s socio-economic and political development process.

Barbara Karuri received her juris doctor degree from Harvard Law School, and has a bachelor of arts degree in legal studies from the University of Massachusetts at Amherst, where she graduated magna cum laude. She is admitted to practice in Georgia and New Jersey and an active member of the American Immigration Lawyers Association.

Ms. Karuri is an attorney with the Atlanta law firm of Geerdes & Kim LLC. Originally from Kenya, Ms. Karuri has a unique personal understanding of the immigration process and focuses her practice in the area of immigration law and litigation.

She has counseled domestic and multinational corporations on procuring employment authorization for foreign nationals, executive and managers, and on establishing corporate policies and procedures to meet I-9 compliance guidelines.

She also has successfully processed numerous employment-based visas and permanent residence applications for foreign nationals and investors and represented individuals in immigration courts. She may be reached by calling her law firm at (404) 257-1777 or by email at BKaruri@GKLawGroup.com

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