The High Court in Nairobi ordered the release and return of a Kenyan passport belonging to a Member of Parliament at the East African Legislative Assembly (EALA), Abdirahman Bashir Shariff, who claims he was denied entry into Kenya and returned to Somalia after arriving at Jomo Kenyatta International Airport (JKIA).
Justice David Mburu directed the respondents to forthwith and in any event within twenty-four (24) hours of service of the order release and return Shariff’s Kenyan Passport to him or his advocates.
“Pending the inter parties hearing and determination of this Application, an order be and is hereby issued directing the Respondents, jointly and severally, to forthwith and in any event within twenty-four (24) hours of service of the order herein, release and return to the Petitioner or to his Advocates on record his Kenyan Passport No. CK1 14667 issued on 16th January 2023 and expiring on 15th January 2033, intact and unaltered,” reads the order.
The order was issued after the court heard counsels representing the parties.
In his petition, Shariff says he is a Kenyan citizen by birth and argues that the State had no legal authority to prevent him from returning to the country.
“This matter concerns a proposition which ought never to have required the intervention of a court: that the Republic of Kenya may not shut its own citizen out of his own country,” the petition states.
Shariff, through lawyer Ceceil Miller, alleges that he arrived at JKIA from Mogadishu on August 14, 2026, but was questioned extensively by immigration officers over his Somali citizenship.
According to the petition, “the said officers removed him from the immigration hall and detained him”.
He further alleges that officials initially told him that he was not Kenyan and had obtained his Kenyan passport wrongfully. He says that explanation was later replaced by an allegation that he had failed to declare his dual citizenship.
The petitioner says he demonstrated that a declaration of dual citizenship was already recorded in the immigration system but that officials nevertheless insisted that a hard copy was required.
Shariff alleged that his passport was subsequently seized and that he was prevented from entering Kenya before being placed on a flight back to Mogadishu.
“The said officers refused the Petitioner leave to pass the immigration barrier and denied him entry into the Republic of Kenya,” the petition states.
He further claims that he was given no written decision or reasons for the alleged detention, refusal of entry, removal or seizure of his passport.
“The Petitioner was afforded no prior notice, no hearing, no opportunity to respond to the allegation made against him,” the petition says.
The case raises questions about the constitutional rights of Kenyan citizens who hold citizenship of another country. Shariff relies on Article 16 of the Constitution, which provides that a citizen by birth does not lose Kenyan citizenship by acquiring citizenship of another country.
He also relies on Article 39(3), which states that every citizen has the right to enter, remain in and reside anywhere in Kenya.
The petition argued that the alleged removal amounted to what Shariff describes as constructive deportation and asks the court to declare the action unconstitutional.
Shariff is also seeking damages, saying he has suffered financial losses, separation from his family and other prejudice as a result of the alleged actions.
The petition further stated that his Kenyan passport contains a valid United States visa, which he says he needs to travel to visit family in the United States.
“The value of the said visa continues to waste with each passing day,” the petitioner says.
The court has not yet made a final determination on the allegations or the substantive constitutional questions raised in the petition.
Justice Mburu directed the respondents to file their responses to the application and petition within seven days.
Shariff may then file a rejoinder and written submissions, followed by submissions from the respondents.
The matter will return to court on October 14, 2026, to confirm compliance and for further directions.
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