Court bars government from interfering with Ndii, Wanjigi movements

NAIROBI, KENYA: Economist David Ndii and businessman Jimi Wanjigi are among seven National Super Alliance leaders who got a reprieve after the High Court suspended a government decision to withdraw their passports.

Justice John Mativo also stopped the government or any immigration official from interfering with their movement in and out of the country, marking their first win in their fight against government plans to curtail their freedom.

“Pending the hearing and determination of the suit, an order is issued suspending the respondents decision to suspend the petitioners’ passports or in any way interfering with their right of movement in and out of the country,” ruled Mativo.

Justice Mativo further ordered Director of Immigration Gordon Kihalangwa to immediately reinstate the passport of Henry Mien which had been confiscated by government officials.

The other leaders whose passports were restored are Siaya Senator James Orengo, Dagoreti North MP Simba Arati, lawyer Paul Mwangi and political analyst Adams Oloo.

The seven were scheduled to travel to Zimbabwe on Monday night to join Nasa leader Raila Odinga for the burial of former Zimbabwean Prime Minister Morgan Tsangirai.

They argued in their application that they feared the government will restrain them from travelling outside the country following the unlawful decision to suspend their passports in the wake of a crackdown on opposition leaders who participated in Raila’s swearing-in as the people’s president.

They have named Kihalangwa and Interior Cabinet Secretary Fred Matiangi as respondents in the case.

Through lawyer Jackson Awele, they argued that the government actions to suspend their passports was unreasonable, grossly heavy handed and unjustified in an open democratic society.

“The petitioners rights and freedom including association, expression and equal protection of law and right to a passport were grossly infringed and threatened without lawful justification, “he told the judge.

The leaders argued that the decision to suspend their passports was communicated through a letter dated February 5, and that some of them had their passports confiscated without notification or due process.

They accused Dr Matiang’i of acting outside his powers by authorising the suspension of the passports without giving them the chance to be heard.

“It was not coincidental that barely four days later after Matiangi had a press conference on the government intention to punish Nasa leaders, the Director of immigration issued letters to them suspending their passports,” said Awele.

According to the petitioners, the letters suspending their passports did not state the specific reasons under the law or the permissible circumstance within the constitution that justify the suspension of passports.

They added that despite knowing that the decision to suspend the passports would be adverse to their rights and fundamental freedom, the government deliberately failed and neglected to give them prior and adequate notice of the nature and reasons for the proposed decision.

“The rules on natural justice require that a person who is to be affected by a decision must be given opportunity to be heard and make presentation in regard to the issue. This was not done as the government resorted to acting arbitrarily,” said Awele.

Justice Mativo directed the petitioners to serve Kihalangwa and Matiangi with the orders and scheduled the hearing on February 26.