Chief Electoral Officer and current Chief Executive Officer of the Electoral Commission and Boundaries Commission, James Oswago and Commissioner Yusuf Nzibo address Kenyans in Dallas during the Jamhuri day celebrations.
By ANTONY KARANJA in DALLAS, TX
Independent Electoral and Boundaries Commission interim boss James Oswago lamented that Kenyans in the US are either not reading the constitution or just do not understand what is contained therein.
Oswago said he was disappointed by the level of questions posed at a forum in Dallas, Texas during his team’s tour to educate as well as collect views from Kenyans before the electoral body begins drawing up legislation to enable an estimated three million Kenyans living abroad to vote in the 2012 polls.
The forum was organized by the Midwest Diaspora Advisory Council as part of the Jamhuri day celebrations.
Oswago was accompanied by commissioner Yusuf Nzibo.
“My take from this forum was that either Kenyans here have not read the constitution or they simply do not understand what is contained therein,” Oswago told Jambonewspot.com and the Daily Nation moments after the event. “The disagreements we were having in there were low level.”
Oswago who was appointed as the electoral commission interim boss last month was clearly frustrated by some questions posed by the forum attendees.
During the question and answer session, a forum attendee sought to know from Oswago the impact on Kenyans in the Diaspora due to a requirement in the Kenya Citizenship and Immigration Act 2011 which provides for a fine of up to Sh500,000 and a prison term not exceeding 3 years or both for a dual citizen who fails to disclose their newly acquired status within six months.
Oswago who seemed baffled by the question shot back asking whether the questioner had his facts right.
“Who is going to fine you Sh500,000 and where did you get that from?,” he asked the questioner. “I have read the constitution and I have not seen anything like that.”
His answer clearly did not sit well with many in the room as a chorus of “it’s in there” came from all around as Oswago kept on challenging the attendees to prove him wrong by pulling it up on the internet.
He moved on when no one was able to pull it up.
Part III subsection 2 of the Act stipulates that “Every dual citizen shall be under an obligation to make full disclosure of his other citizenship in the prescribed manner within six (6) months of acquiring such other citizenship.”
Part III subsection 3 reads “A dual citizen who shall fail to make full disclosure of his dual citizenship inthe prescribed manner shall be guilty of an offence and shall be liable to a fine not exceeding Kshs 500,000 or imprisonment for a term not exceeding 3 years and or both.
The Act however does not clarify what the prescribed manner is.
The forum attendees also shot down suggestions by Oswago that ambassadors can be used as Diaspora returning officers.
When asked after the event whether he had any preliminary plans on where polling stations would be set uparound the US, Oswago said that those who want to vote could travel to Washington DC to cast their votes “for starters.”
“I am not suggesting that you should all go to Washington DC to cast your votes but you people are not giving us any answers.” Oswago said. “If we do not get answers from you, we will write the legislation the way we want.”
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