Nasa leaders sue Matiang'i over suspended passports

What you need to know:

  • They want the High Court to issue an order blocking the suspension of their passports.

Seven individuals affiliated to the National Super Alliance (Nasa) have moved to court to challenge a directive that suspended their passports.

They have sued Immigration boss Gordon Kihalangwa and Interior Cabinet Secretary Fred Matiang’i.

PASSPORTS

They include Nasa strategist Dr David Ndii, Siaya Senator James Orengo, Dagoretti North MP Simba Arati, businessman Jimi Wanjigi, University of Nairobi lecturer Dr Adams Oloo, lawyer Paul Mwangi and Mr Henry Mien who is a member of the Opposition’s strategy team.

They said they were informed through a letter dated February 5 that their passports would be suspended or confiscated.

They alleged that the move has unreasonably restricted their movement.

RIGHTS

Through lawyer Jackson Awele, they said they were not granted a fair hearing hence their rights have been grossly violated.

“The impugned restriction is otherwise tantamount to a condemnation of guilt based on unilateral suppositions of the Immigration director and the Interior CS without a hearing,” said Mr Awele.

“It is only fair and just that this court expeditiously intervenes to secure as well as preserve their rights and freedoms as guaranteed under the Constitution, pending the determination of this case.”

DIRECTIVE

On February 7, the government blocked passports belonging to about 15 top Nasa leaders.

In a letter addressed to the leaders, the Immigration boss said the revocation was done in line with the 2011 Citizen and Immigration Act, which stipulates the grounds for suspending travel documents.

In the case documents, the seven said they were appealing against the government’s decision to suspend their passports.

When the directive was communicated to them, they were ordered to surrender their passports at Nyayo House within 21 days.

They were also warned that failure to do so would see their passports made null and void.

SUIT

Former Machakos Senator Johnson Muthama’s passport was also suspended and he was among those notified, although he separately filed his case on the matter.

The seven who have moved to court now want the matter certified urgent. They want the High Court to issue an order blocking the suspension of their passports.

They also want Mr Mien’s passport reinstated. It was confiscated and this barred him from travelling to Berlin, Germany.