The High Court in Nairobi has ordered the Kenyan government to return a passport confiscated from East African Legislative Assembly (EALA) Member of Parliament, Abdirahman Bashir Shariff. Justice David Mburu directed that the passport be released to Shariff within 24 hours without damage or perforation. The court ruling came after Shariff sued the Interior Cabinet Secretary, the Director General of Kenya Citizens and Foreign Nationals Management Service, and the Director of Immigration Services.
According to Shariff's lawyer, Cecil Miller, his client was denied entry into Kenya on August 14, 2026, and was allegedly illegally deported on an I-Fly Air flight from Nairobi to Mogadishu. Miller argued that Shariff is a Kenyan by birth, born in Waberi, Garissa, and holds a Kenyan national identification card and passport. Shariff's parents and siblings are also Kenyan citizens with the same documents.
Miller told the court that Shariff has traveled freely in and out of Kenya throughout his adult life without hindrance, exercising his rights as a Kenyan citizen. Shariff also holds dual citizenship from Somalia, representing the country in EALA. The lawyer argued that his client cannot involuntarily lose his Kenyan citizenship by birth, as stated in Article 16 of the Constitution.
The court heard that Shariff's travel to the United States to visit his family was frustrated because his passport, which had a visa, was confiscated. His stay in Somalia was also in limbo as he was allegedly holed up in a hotel. Miller claimed that Shariff was not given a hearing or questioned before being deported and that it was impossible for a Kenyan by birth to be thrown out of the country.
The lawyer stated that Shariff is incurring daily hotel costs out of his own pocket, which will continue to accrue as long as he is kept out of Kenya and deprived of his passport. This situation has caused ongoing harm, with each day of delay aggravating the situation. Shariff is separated from his family in both Kenya and Somalia.
Justice Mburu directed that Shariff serve his case to the parties he listed and appear before him on October 14, 2026. The court ruling requires the government to return Shariff's passport, which was issued on January 16, 2023, and expires on January 15, 2033.
The case highlights the complexities of dual citizenship and the rights of Kenyan citizens. Shariff's situation demonstrates the challenges faced by individuals with multiple citizenships, particularly in East Africa. The court's decision emphasizes the importance of upholding the Constitution and protecting the rights of citizens.
Key points
- The Kenyan government must return Abdirahman Bashir Shariff's passport within 24 hours.
- Shariff, a Kenyan by birth, holds dual citizenship from Somalia and represents Somalia in EALA.
- The court ruling emphasizes the importance of upholding the Constitution and protecting the rights of citizens.
