The High Court in Nairobi has ordered the release and return of a Kenyan passport belonging to Abdirahman Bashir Shariff, a Member of Parliament at the East African Legislative Assembly (EALA). Shariff claims he was denied entry into Kenya and returned to Somalia after arriving at Jomo Kenyatta International Airport (JKIA). The court directed the respondents to release and return Shariff's Kenyan Passport within 24 hours.
Shariff, a Kenyan citizen by birth, argues that the State had no legal authority to prevent him from returning to the country. He 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, Shariff was detained, and his passport was seized.
The petitioner claims 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. Shariff alleges that his passport was subsequently seized, and he was prevented from entering Kenya before being placed on a flight back to Mogadishu.
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.
Shariff is seeking damages, saying he has suffered financial losses, separation from his family, and other prejudice as a result of the alleged actions. His Kenyan passport contains a valid United States visa, which he needs to travel to visit family in the United States. The petitioner argues that the alleged removal amounted to constructive deportation and asks the court to declare the action unconstitutional.
The High 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. The court's order is a temporary reprieve for Shariff, who had been unable to enter Kenya since his passport was seized. The case will continue to be closely watched as it raises important questions about the rights of Kenyan citizens with dual citizenship.
Key points
- The High Court ordered the return of Abdirahman Bashir Shariff's Kenyan passport within 24 hours.
- Shariff claims he was denied entry into Kenya due to his dual citizenship.
- The case raises questions about the constitutional rights of Kenyan citizens who hold citizenship of another country.
