BY SAM ALFAN.
The high court has declared null and void a decision by the government to declare a British investor and journalist a prohibited immigrant for engaging in subversive activities has been nullified.
The court further directed the Immigration department to extend the foreigners work permit to enable Hannan Lucy Elizabeth finalize all pending applications including that of citizenship for a further two years
Justice Isaac Lenaola the October 16 2013 resolution to pronounce Hannan Lucy Elizabeth persona non granta saying it was irrational and improper.
The court ruled that the move by the State is an example of erratic, irrational and unlawful conduct as no evidence was adduced to show that Elizabeth is a threat to Kenya’s national interest.
Elizabeth is a financier in the film industry and closely works with non-governmental organizations.
She was involved in documenting the 2008 post-election violence and the disputed 2013 General Election.
In the case Hannah sued the government for making the pronouncement, refusing to renew her work permit and threatening to deport her despite meeting all legal requirements.
She argued that she had a legitimate expectation to continue staying in the country since she has been residing and working in Kenya as human rights journalist since 1988.
Elizabeth together with human rights activist Maina Kiai are the founders and directors of Inform Action Limited (IFA), Media Production Company.
In 2014, Kenya Citizen and Foreign Nationals Management have now agreed to issue a British Journalist with a work permit.
The department’s legal officer Mwende Gatabaki told Justice Isaac Lenaola, that the office was unable to understand the court’s orders requiring the issuance of work permit to Hannan Lucy Elizabeth.
She clarified that the journalist had applied for the permit but the committee charged with responsibility of approving the same had declined.
M’s Gatabaki said the office will consider issuing her with the document pending the determination of the petition before the court.
The admission by the Immigration office was caused by the contempt application and summons issued by the court requiring the attendance of the director general to show cause why action should be taken for disobedient of the court order.
Justice Lenaola had issued the order after the journalist’s lawyer Kethi Kilonzo told the court that the director general has not complied with the order of the court requiring him to issue the work permit to the foreigner resident in Kenya.
Kethi told the judge that the scribe cannot work or her children have been declined to go school without pass as result of refusal by the office director of migration to give the necessary documents.
She can neither travel nor work in Kenya despite the court order, saying that her apprehensive that she might be arrested and charged for being in the country without work.
