Kenyan born Briton accused of human trafficking links sues over deportation

A Kenyan-born British scientist was denied entry into the country over adverse reports from the National Intelligence Service which claimed that he was involved in human trafficking, the Department of Immigration Services (DIS) has said.

Through its legal officer, Jimmy Nyikuli, the DIS says that following the reports, Mr Ahmad Zaheer — who is challenging his deportation in court — was on the watch list of the directorate’s Personal Identification Secure Comparison and Evaluation System (Pisces).
In his affidavit, Mr Nyikuli says that Mr Zaheer was denied entry on October 20 last year, pursuant to the watch list at Jomo Kenyatta International Airport, as he attempted to enter the country.

Mr Nyikuli further says that Mr Zaheer, who has sued the Cabinet secretary for Interior and the DIS director, is a British citizen and has never attempted to apply for citizenship or residency.

“All foreign nationals who intend to enter, live and work in Kenya must comply with statutory, administrative criteria for admission,” states Mr Nyikuli.

According to the DIS, the petitioner’s parents were not Kenyan citizens, hence he cannot claim citizenship by birth.
Mr Nyikuli also states that the petitioner’s allegations that he was raised in the country where he attended school and even lectured, does not grant him the rights of a citizen.

“The petitioner was consequently denied entry after failing to meet the threshold of admittance into the country as a visitor,” states Mr Nyikuli.

Through litigation counsel Immaculate Opio, the Attorney-General says that Mr Zaheer was denied entry in a bid to protect life, property and Kenyan society.

Ms Opio says that a foreigner who seeks admission into the country does not do so under any claim of right as admission is a privilege granted by “the sovereign nation of Kenya”.

During the mention of the case last week, Ms Opio told the court that before judgment is made, the State wishes to produce confidential documents for the “eyes of the court” only.

Further in his affidavit, Mr Zaheer says that the respondents’ allegation that he is involved in human trafficking as a reason for his deportation is a lie meant to mislead the court and that part ought to be expunged from  Mr. Nyikuli’s affidavit.

“I have worked all my life to build a respectable reputation and it is paining that it can be damaged through negligent acts of the respondents who now claim I am involved in an international offense,” states Mr Zaheer.

He further states that if the purported information regarding his involvement in human trafficking was true, he would have been arrested and charged in court for the alleged offense.

Mr Zaheer, 74, who was deported from the country in October last year, two days after his arrival, argues in his petition 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 the case, and hoped to get a visa upon landing.

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

Mr Zaheer, who argues that together with his Kenyan partners and friends they 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 at 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 forcible 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 forcible deportation has dented his credentials and standing in society as an accomplished academician.

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 has directed that lawyers for the parties appear before him on June 8 in order for Ms Opio to share the confidential information with the court.

“After seeing the said information, the court will make a determination whether or not to share the same with the applicant’s counsel,” said Justice Ogola.