The High Court in Nairobi has ordered the return of a Kenyan passport belonging to East African Legislative Assembly (EALA) MP Abdirahman Bashir Shariff. Shariff, who holds dual citizenship of Kenya and Somalia, claims he was denied entry into Kenya and returned to Somalia after arriving at Jomo Kenyatta International Airport (JKIA) on August 14, 2026. The court directed immigration authorities to return the passport within 24 hours.
According to Shariff's petition, he was questioned extensively by immigration officers over his Somali citizenship and subsequently detained. Officials initially told him that he was not Kenyan and had obtained his passport wrongfully, later alleging that he had failed to declare his dual citizenship. Shariff demonstrated that a declaration of dual citizenship was already recorded in the immigration system, but officials insisted that a hard copy was required.
The petition states that Shariff's passport was seized, and he was prevented from entering Kenya before being placed on a flight back to Mogadishu. He claims that he was given no written decision or reasons for the alleged detention, refusal of entry, removal, or seizure of his passport. Shariff's lawyer, Ceceil Miller, argues that the State had no legal authority to prevent him from returning to Kenya, citing Article 16 of the Constitution.
Article 16 states that a citizen by birth does not lose Kenyan citizenship by acquiring citizenship of another country. Shariff 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 argues that the alleged removal amounted to constructive deportation and asks the court to declare the action unconstitutional.
Shariff is seeking damages, citing 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 value of the visa continues to waste with each passing day.
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. The matter will return to court on October 14, 2026, to confirm compliance and for further directions.
The case raises questions about the constitutional rights of Kenyan citizens who hold citizenship of another country. The court's decision will have implications for individuals with dual citizenship and their rights to enter and reside in Kenya. The case will continue to be monitored as it progresses through the judicial system.
Key points
- The Kenyan court has ordered the return of EALA MP Abdirahman Shariff's passport, seized after he was denied entry into Kenya due to dual citizenship.
- Shariff claims he was denied entry into Kenya and returned to Somalia after arriving at Jomo Kenyatta International Airport (JKIA) on August 14, 2026.
- The case raises questions about the constitutional rights of Kenyan citizens who hold citizenship of another country.
