AG given a week to respond over deportation of Kenyan born Briton 

The Attorney General has been given seven days to file a response to a petition by a Kenyan born British scientist who has challenged his deportation.

Mombasa High Court Presiding Judge Eric Ogola issued the order after the AG, through state counsel Immaculate Opiyo, sought for seven days to file the response and submissions to the petition.

Ms Opiyo told the court that they were served with the suit papers, but were yet to receive instructions from Cabinet Secretary for Interior, and the Director of Immigration Services (DIS), who have been sued by Mr Ahmad Zaheer.

Mr Zaheer,74, who was deported from the country in October last year, two days upon his arrival, argues that the decision to deport him was arbitrary, as he was not given any written reasons.

Through lawyer Willis Otieno, the Briton says that the CS and the DIS in arriving at the decision to deport him never accorded him the right to be heard.

“The respondent failed to give the petitioner notice of intention to make an adverse decision against him,” argues Mr Zaheer.

He wants an order issued that the decision to deport him was illegal and contrary to the law and the constitution.

Mr Zaheer also wants among others an order issued directing the CS and the DIS to remove his name from the list of prohibited immigrants.

He says that on October 2 last year he arrived in the country as has always been and hoped to get a visa upon arrival.

The petitioner says that upon presenting his passport for visa and entry stamp, an immigration officer refused to issue the visa or stamp his travel document with no explanation given.

Mr Zaheer who argues that together with his Kenyan partners and friends have been doing charitable work in the country says he was informed that he would be deported back to the United Kingdom where he had come from.

According to the petitioner, he was detained at the airport for two days and was not given food neither was he allowed to communicate with any person or see a lawyer.

The Briton who says that he was previously employed by the University of Nairobi as a lecturer also claims that he was not allowed consular services to the British High Commission.

The petitioner says that he was deported on October 4 last year and when he was being taken to an aircraft, he was issued with a copy of a notice addressed to the airline which did not set out any reasons for his deportation.

“At no point was the petitioner given any written reasons why he was being deported or what wrong he had done that would warrant his forceful removal from the country,” says Mr Zaheer.

Mr Zaheer who describes himself as a renowned scientist says he was treated like a criminal and the forceful deportation has dented his credentials and standing in the society as an accomplished academician.

The Briton says that he has been psychologically traumatized by the forceful detention and deportation by the respondents and as a result suffered mental pain and anguish.

“The forceful deportation of the petitioner will be a constant dent in his impeccable social standing and will have to disclose that he has been deported from another country wherever he applies to travel to any other country or for consultancies worldwide,” says Mr Zaheer.

Mr Zaheer says that at all times he has been in the country, he has complied with terms and conditions of his visa, respected and obeyed laws and has never been subject to any criminal activities or charged.

The petitioner also wants an order issued directing the respondents to rectify and correct any inaccurate information in their records relating to him that may have led to their decision to illegally deport him.

Justice Ogola fixed the case for hearing on April 24.