Kenya's National Assembly Administration and Internal Security Committee, led by Narok West MP Gabriel Tongoyo, is reviewing a petition by the Commission on Administrative Justice regarding the issuance of diplomatic passports. The commission argues that some constitutional office holders and independent commissions are being discriminated against. The committee heard from Principal Secretary Belio Kipsang, who admitted that some officials have been excluded despite holding comparable positions to those who enjoy the privilege.
The 2012 framework governing diplomatic passports has been criticized for excluding certain officials, including the Clerk of the Senate, while allowing others like the Clerk of the National Assembly. PS Kipsang acknowledged that this omission could have been an oversight, given that the Senate was established under the constitution when the regulations were introduced. He assured MPs that the government is open to amending the regulations to reflect changes introduced by the 2010 Constitution and ensure fairness in determining eligibility.
Teso North MP Oku Kaunya supported the committee's concerns, urging the department to ensure any amendments covered all offices recognized under the constitutional framework. He emphasized the importance of inclusivity in the revision process. The MPs also questioned the exclusion of some independent constitutional commissions and offices established under Chapter 15 of the constitution, arguing that institutions in the same constitutional category should receive equal treatment.
Committee vice chairperson Dido Raso sought clarification on whether officers whose positions were not listed in the regulations were automatically disqualified from obtaining diplomatic passports. PS Kipsang explained that Regulation 13 allows the Cabinet Secretary responsible for immigration to authorize the issuance of diplomatic passports to people outside the specified categories where deemed necessary.
Kipsang emphasized that the diplomatic passport is primarily intended to facilitate official international travel and diplomatic functions, rather than serve as a general privilege for public officers. He cautioned that the government must safeguard the integrity and international standing of the Kenyan diplomatic passport, given the privileges and recognition attached to it.
The State Department for Immigration and Citizen Services has agreed to review the 2012 framework, subject to public participation and the requisite legislative procedures. PS Kipsang assured MPs that the department would initiate a review, ensuring that all stakeholders have a chance to contribute. The final draft will be published, and the regulations will go through public participation and due process before being brought to Parliament for consideration.
The review of the diplomatic passport regulations is expected to address concerns around fairness and inclusivity. Key issues to be addressed include ensuring equal treatment for institutions in the same constitutional category and clarifying the criteria for eligibility. The outcome of the review will likely have significant implications for Kenyan officials and the country's diplomatic relations.
Key points
- The State Department for Immigration and Citizen Services has agreed to review the 2012 framework governing diplomatic passports.
- The review aims to address concerns around fairness and inclusivity in the issuance of diplomatic passports.
- The changes are expected to reflect the changes introduced by the 2010 Constitution and ensure equal treatment for institutions in the same constitutional category.
