County bosses have threatened to sue the ministry if it fails to facilitate their travel to the US by providing Diplomatic Notes required to facilitate visa processing.
This reaction came after a memo from the Foreign Affairs ministry dated February 14, stated that county officials travelling to the US exclusively on behalf of county governments do not qualify for official visa.
The county legislators have termed the move as discriminatory and unconstitutional.
Governors have hit out at Foreign Affairs Principal Secretary Monica Juma following a change in policy denying county officials special visas to the United States (US) when not travelling on national government business.
The governors have threatened to sue the ministry if it fails to facilitate their travel to the US by providing Diplomatic Notes required to facilitate visa processing.
“As it is the Ministry of Foreign Affairs that issues Diplomatic Notes to foreign missions in Kenya for travel by State officers, it is discriminatory and hence unconstitutional for the ministry to deny Diplomatic Notes to a section of constitutional office holders. To this end, the Council of Governors (CoG) demands that you do accord county government officials the facilitation and assistance they require when travelling for official functions to the US and any other foreign country,” read the letter by the CoG.
Ms Juma declined to comment on the matter saying she was out of the country.
“Note that non-cooperation (on your part) in fulfilling these legal obligations will attract court challenge from the CoG.”
The letter to the Principal Secretaries Ministries of Foreign Affairs and State Department of Devolution, Ministry of Devolution and Planning was signed by CoG chair, Peter Munya, and copied to US Ambassador to Kenya Robert Godec.
This reaction came after a memo from the Foreign Affairs ministry dated February 14, stated that county officials travelling to the US exclusively on behalf of county governments do not qualify for official visa, whether travelling on diplomatic passport or not. Further, official visa status (category A) will only apply to officials travelling on behalf of the national government while county officials will be issued with category B1/B2 visas on all other visits.
The B1/B2 visas do not require a Diplomatic Note from the Ministry of Foreign Affairs and also means that the officials must follow normal visa application procedures including presenting themselves at the Embassy for interviews.
“We note that you have advised that county officials travelling to the US exclusively on behalf of county governments do not qualify for official visa whether travelling on Diplomatic Passport or not,” reads the letter.
The county legislators have termed the move as discriminatory and unconstitutional.
“Article 260 of the constitution defines a State officer to include a governor, deputy governor, Member of a County Assembly (MCA) and a member of the executive committee of county government. When county officials undertake foreign official travel, they are doing so in fulfilment of their mandates under the Constitution,” reads the CoG letter.
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