By Judy Ogutu
Kenya has defended its decision to arrest two Tunisians claiming they were destined for Somalia to undertake terrorist training with Al Shabaab group.
In an affidavit sworn by Mr Charles Ogeto, the state argues that it has intelligence indicating Mohamed Ben-Mansour and Hamza Haziri were destined for the wartorn country for training with the group, which is allied to al Qaeda.
The affidavit has been sworn in response to a suit Hussein Mohamed Guyo has filed on behalf of the two Tunisians seeking for their production before court.
Guyo has named the Attorney General, Commissioner of Police, Anti-Terrorism Police Unit Commandant, Minister for Immigration and Registration of Persons as respondents to the suit. Principal State counsel, Mr Edwin Okello appears for the respondents.
According to the respondents, the two came into the country on June 27 and July 27 through Jomo Kenyatta International Airport and were arrested together with a Sudanese and a Kenyan couple who had accommodated them at Ushirika estate.
Through lawyer Mbugua Mureithi, Guyo also wants the respondents to show cause why the two should not be released forthwith.
They should also be prohibited from removing, expelling or deporting them.
Also sought for is an order directing the respondents to issue them with appropriate immigration passes or permits pending hearing and determination of the application.
The applicant argues the two were issued with valid three months visitorsâ pass, which have not expired.
"They have not committed offence or breached their immigration status into the country. They were arrested on August 20 and have been held incommunicado," he argues.
Police say they had been issued with three months tourist entry permits but they did not visit any tourist destination and they also had no money on them when they were arrested.