Court overrules Lenku in foreigner’s work permit case

The government has agreed to issue a one-year work permit to a British investor accused of engaging in subversive activities.

The department of immigration will issue Ms Hannan Lucy Elizabeth with a work permit pending the determination of a suit challenging decision to cancel her permit, the Director of Kenyan Citizens and Foreign Nationals, Ms Mwende Gatabaki told the court Thursday.

Ms Gatabaki was summoned by the court to explain why they disobeyed an earlier order directing them to issue Ms Elizabeth with the permit.

She said they misunderstood the order and that it was a team reviewing permits issued to foreigners that acted on a recommendation by Interior Cabinet Secretary Joseph Ole Lenku to deny her the permit.

Justice Isaac Lenaola however said that Mr Lenku’s directive could not supersede a court order and that the immigration department must issue her with the permit.

“There would have been no problem if you understood my order and issued her a limited work permit.

‘‘In the circumstances, you should grant her a one-year work permit until further orders of this court,” said Justice Lenaola.
Ms Elizabeth is an investor in the film industry working with non-governmental organisations. She was involved in documenting the 2008 post-election violence and the disputed 2013 General Election.

She sued the government for refusing to renew her work permit and threatening to deport her despite meeting all legal requirements.

Ms Elizabeth and human rights activist Maina Kiai are the founders and directors of Inform Action Limited (IFA), media production company