Court restores passports of Orengo, Wanjigi and Ndii

Court restores passports of Orengo, Wanjigi and Ndii

The High Court in Nairobi has temporarily lifted the government decision to suspend passports of seven key opposition figures among them NASA strategist David Ndii, Siaya Senator James Orengo and businessman Jimi Wanjigi.

Judge John Mativo issued the order pending the hearing of a case filed by the seven leaders over suspension of their passports.

While granting the orders, Justice Mativo directed the matter be filed and served upon the respondents who were also ordered to appear for an inter-party hearing on Monday, February 26, 2018.

Other opposition figures seeking restoration of their passports in the case include political scientist Dr. Adams
Oloo, Lawyer Paul Mwangi, Dagoretti North MP Simba Arati and Henry Mien, a member of the NASA strategy team.

They have named Immigration Director Gordon Kihalangwa and Interior Cabinet Secretary Dr. Fred Matiang’i as respondents in the case.

In the petition filed at the Milimani Law courts, the leaders argue that the government action to suspend their passports is “unreasonable, grossly heavy handed and unjustified in an open democratic society.”

“Our rights and freedom including association, expression and equal protection of law and right to a passport have accordingly been grossly infringed and threatened without lawful justification,” reads the petition.

The leaders also asked the court to issue a mandatory order compelling the government to reinstate the confiscated passport of Henry Mien.

“Conservatory orders be issued restraining the respondents by themselves or agents from implementing and in any way effecting their decisions to suspend the petitioner’s passports or from interfering with our rights to movement in and out of the county,” read the petition.

The seven claim that the decision to suspend their passports was communicated via a letter dated February 5, 2018 which was addressed to some of them, in some instances some of their passports were confiscated at the port of departure from Kenya without notification and reasons.

They further claim that the genesis of the violations and threats complained of are the remarks that are attributed to the CS Matiang’i at a press conference held on 1st February.

“It is not coincidental that barely four days later after Matiang’i’s press conference, the Director of Immigration issued letters suspending our passports, ” argue the petitioners.

It is their argument that the government deliberately failed and neglected to give them prior and adequate notice of the nature and reasons for the proposed decision and an opportunity to be heard to make representation in that regard.

 

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Fred Matiang'i NASA Gordon Kihalangwa David Ndii Simba Arati Jimmy wanjigi NASA leaders passports Passports suspended

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