BY SAM ALFAN.
The High Court has blocked the government from deporting a Tanzanian businessman who lives in Kenya from the country.
Constitutional and Human Rights Court Judge Mugure Thande ruled that Mueiz Ahmed Osman Bilal should not be arrested or unlawfully deported to his Tanzania.
Osman operates business in Kenya and was to be deported after the government declared him a prohibited immigrant.
“An order is hereby issued to the 1st respondent (Director of Criminal Investigations (DCI) to permit the petitioner (Osman) to enter into and remain in Kenya and should a decision be made to remove him from Kenya, then due process should be followed,” ordered Judge Thande.
The judge further declared that the decision to tag Osman as a prohibited immigrant without any lawful cause and due process is unconstitutional and unlawful.
The court further declared that failure by DCI , Inspector General and Director of Immigration services to issue him with a written explanation for removing him from Kenya is illegal and unlawful.
The judge further said the decision amounts to a denial and breach of his fundamental rights and freedom.
Through lawyer John Swaka, Osman had sued DCI, the Inspector General of police, Director of Immigration Services, CS Ministry of Interior and Coordination National Government and Attorney General for tagging him as a prohibited immigrant.
Osman claimed that on April 12, 2022 at about 2.30 pm, as he was preparing for prayer during the Ramadhan season, he was inhumanely whisked away by officers from DCI’s office into an awaiting vehicle.
He was later taken to Jomo Kenyatta International Airport (JKIA) and shuffled into a flight to Tanzania.
He was informed that orders had been issued for him to be taken to Tanzania as he had been listed as a prohibited immigrant for being involved in organized crime.
Judge Thande pointed out in the 16 page judgement that Osman demonstrated that the government did not follow due process in dealing with him.
“Worse still, they did not even bother to respond to the petition. As stated by justice Lenaola, as he then was, the constitutional requirement for due process is not illusory but obligatory,” she said,
“This judgment should serve as a wake up to all security agencies and those charged with issues of immigration. Due process under the Constitution 2010 is not illusory. It lives and thrives whatever the status of the person who demands it. The casual response to the present petition is worrying and the trend, if it continues, may lead to decisions that would in the end compromise national security,” said justice Thande.
The judge further issued an order to the DCI to permit the petitioner to enter into and remain in Kenya and should a decision be made to remove him from Kenya, then due process shall be followed.
