The Lower Eastern Times Opening The Third Eye
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An African American individual has initiated legal proceedings in court with the aim of being officially acknowledged as a Kenyan citizen, asserting his inherent right to return to his ancestral homeland in Africa.
Mr. Mubarak Abdul Muqsit Akram, currently an American citizen, contends that he has deliberately chosen Kenya as his ancestral home of return, citing a deep connection to his African roots and heritage. He first visited Kenya briefly in 2003 and returned in 2008, finding solace and comfort despite being considered a ‘foreigner’.
In his petition filed at the High Court in Mombasa, Mr. Akram seeks a declaration that, in accordance with international law and the constitution, his right of return to his ancestral home and his choice of Kenya as his country of return are both guaranteed and protected by the state.
Furthermore, Mr. Akram requests an order directing the Director of Immigration and Citizen Services to recognize him as a Kenyan citizen within 30 days of the court’s judgment, and to issue him with a Kenyan passport and National Identity Card as a matter of right.
Despite several unsuccessful attempts to obtain citizenship through applications to the Department of Immigration, Mr. Akram maintains that he was born in the state of Texas in 1946 to African American parents. Since his return to Kenya in 2008, he has established and registered several businesses in Kwale County.
Mr. Akram, who currently holds a foreigner certificate, has named the Cabinet Secretary for Interior, the Director General of the Department of Immigration and Citizen Services, and the Attorney General as respondents in the lawsuit.
Central to Mr. Akram’s argument is his reliance on the Abuja Proclamation, a declaration emanating from the Pan African Conference on reparations for African Enslavement, Colonization, and Neo-Colonization held in Nigeria in April 1993. He contends that this proclamation, which calls upon all African states to grant entrance and residence rights to persons of African descent, forms part of Kenya’s laws as per the constitution.
Mr. Akram asserts that his application for citizenship is not that of a refugee, asylum seeker, immigrant, emigrant, foreigner, or visitor, but rather an assertion of his right to return to his ancestral homeland. He argues that the refusal by the Directorate of Immigration and Citizen Services to respond to his requests for citizenship violates his constitutional rights and constitutes a violation of fair administrative action.
In addition to seeking recognition as a Kenyan citizen, Mr. Akram requests a declaration that Kenya is obligated under the constitution to respect, uphold, and comply with general rules of international law, including treaties and conventions to which it is a party.
