Court orders immigration not to deport S Sudanese refugees

A high court ordered the director of immigration to ensure that two foreigners who have been missing since Monday are not deported.

Justice Luka Kimaru on Friday issued the directive after lawyers representing the families of Mr Samuel Dong Luak and Mr Aggrey Idri Ezbon filed a suit to compel the State to explain the whereabouts of the South Sudanese nationals who have been living as refugees.

Justice Kimaru directed County Criminal Investigations Officer Nicholas Kamwende to take over the case and investigate the alleged disappearance and present a report in court on Tuesday.

The judge further directed that a senior security official working for the government of South Sudan in Kenya be investigated on whether he has any connection to the disappearance.

The families had complained that the official called them seeking to know the details of an affidavit filed in the case though it had not been taken to court.

Justice Kimaru directed mobile phone service providers to provide data on the missing persons’ communications.

“If the two are here, there should be no attempt to move them out of the country or the court’s jurisdiction, that can only happen unlawfully,” he said.

Through lawyers Harun Ndubi, Eddy Orinda and Victor Kamau, the families had told the court that the two are likely to be deported hence their lives are in danger.

In their case documents, they wanted the Inspector-General of Police summoned to explain where the two men are being held and that a warrant for their arrest as well as detention be produced.

However, Ms Jemimah Aluda, for the State, told the court that there is a great possibility the two are not in police custody as alleged.

South Sudanese former first lady Rebecca Nyandeng De Mabior was present in court during the hearing of the case which will come up on January 31 for further directions.