A Court has ordered the Government to permit a Muslim Elder who was illegally termed as prohibited immigrant to continue with his work in the Country.
High Court Judge Mugure Thande while delivering the Judgment said DCI, IG, Director of Immigration Services, CS Ministry of Interior and AG are in breach of Mueiz Ahmed’s Fundamental Rights and freedoms under Article (39)1 of the constitution.
“A declaration be and is hereby issued that the Government Officials involved in this case are in breach of petitioners fundamental rights and freedoms under Article 39(1)of the constitution “added Thande.
Thande ruled that the absence of Ahmed and his family in Kenya because of the actions of the said officials is in breach and violation of his rights.
She added that Ahmed is entitled to equal protection of the law.
The judge has ruled that failure by Immigration officials to write an explanation for removing him from the country is illegal and amounts to a denial of his fundamental rights.
“Declaring him a prohibited immigrant without following due process was illegal, “ruled Judge Thande.
Through his lawyer John Swaka, Ahmed had filed a petition in court saying that he is a Tanzanian National but having a residence in Kenya.
Swaka said that his client is married with 5 children who reside in South c, Nairobi, a house he purchased.
He adds that he runs businesses and pays Taxes to KRA in Kenya.
“On December 4, 2022, my client was preparing for prayers during the Ramadan season, he was inhumanly whisked away by officers from the DCI into a waiting vehicle, “said Swaka in court documents.
In court documents lawyer Swaka says that he was taken to Jomo Kenyatta International Airport and shuffled into a waiting flight to Tanzania.
He was informed that orders had been issued for him to be taken to Tanzania for as he had been listed as a prohibited immigrant for being involved in an organized crime.
“My client has never been charged in court nor summoned by the DCI and Immigration officials and he claims that his illegal removal from Kenya without due process, his rights have been violated and his wife and his 3 children have been left in destitute, “adds Swaka.
He then sought orders declaring that the decision to tag him as a prohibited immigrant without due process is unlawful.
Ahmed also sought orders from the court declaring that he is by law entitled to due process if a decision is to be made to remove him from the jurisdiction of the court.
He wanted the Government to issue him with a written explanation for removing him from the country saying that under the new constitution, he was entitled to equal protection of the law.
The respondents even after they were granted ample time, never filed any response
