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A Mombasa court has issued fresh orders to the Ministry of Interior and the Immigration Department to allow a Kenyan-British man, who was deported in 2020, to enter the country.
High Court judge John Onyiego ruled on Wednesday that the two government agencies were in contempt of court by refusing to allow Ahmad Zaheer to enter the country as ordered in 2021.
“I grant the respondents one more chance to implement the order as it is. They must comply fully with the orders issued on August 20th, 2021 without any strings or conditions attached with the intention of curtailing full implementation of the said order," judge Onyiego ruled.
The judge declined to commit to civil jail Interior CS Kithure Kindiki and Principal Immigration officer in charge of enforcement section Jimmy Nyikuli despite finding them guilty of contempt of court.
The court determined that Nyikuli misinterpreted the law when Zaheer was denied entry into the country on grounds that he did not prove he had funds sufficient to sustain him in the country.
“The respondents are warned that in the event of any further disobedience to the said court order, the respondents shall automatically be summoned to show cause why they will not be committed to civil jail for contempt of the said orders,” said the judge.
The court ruled that Section 33 (2) (c) of the Immigration Act, which was used to deny Zaheer entry, does not require a Kenyan citizen to prove his financial ability to support himself or his dependents.
The judge added that having been a regular traveler into the country in which his family is residing, Zaheer does not need such a condition.
In 2021, the court declared Zaheer’s deportation illegal and unconstitutional and issued an order quashing the decision declaring him an illegal immigrant or an inadmissible person in Kenya.
The court ordered that Zaheer be allowed to enter Kenya upon acquiring the necessary visa and that any criminal allegations against him be investigated in accordance with the laws of Kenya.
The National Intelligence Service accused Zaheer, who was born in Kenya, of being involved in human trafficking.
Zaheer, 74, was deported from the country in October 2020, two days after his arrival. He returned to the court in November last year after the Interior Ministry and the Immigration Department failed to comply with the court orders.