Woman sues ministry over wrongful jailing

A foreigner is seeking compensation from the government, accusing the Immigration ministry of neglecting and dumping her at the Lang’ata Women’s Prison when she was not an offender.

Ms Agnes Nemakonde Galawu, whose nationality is unknown, also claims she slept in a public toilet twice and depended on Good Samaritans as a result of the failure by the government to protect her rights as a foreigner. (Read: Fees waived for woman in suit against State)

She wants the High Court to order the government to compensate her for the troubles she has experienced since she came out of prison after serving a jail sentence for being in the country illegally.

According to her lawyer John Chigiti, the government is not making serious efforts to establish her true nationality.

“She has spent a couple of nights at the airport in public toilets, surviving on well-wishers, converted into a beggar in a foreign nation,” Mr Chigiti submitted in court on Tuesday.

He was referring to Ms Galawu’s stay at the Jomo Kenyatta International Airport’s toilets for some days in February.

The woman further claims that her constitutional rights have been violated.

Her true nationality is yet to be established, but she has been linked to Zimbabwe, Malawi and the UK. She does not want to be deported to any of the countries for fear that she could be attacked. (Read: Pain of life without citizenship)

But the government accuses her of refusing to co-operate with authorities in establishing her true nationality.

“She is an adult of sound mind, but has refused to disclose her country of origin,” Ms Ann Kamande, a state counsel, submitted.

The United Nations High Commission for Refugees said the government uses available diplomatic options to find an alternative residence for her, or grant her status.

The court will deliver its ruling on November 2.