Foreigner held for 6 years freed over rights abuse

By Evelyn Kwamboka

A foreigner detained for six years without trial may be on his way home.

Yesterday, the High Court ordered the Government to hand Mr Scott Edman over to the United Nations High Commission for Refugees.

UNHCR is to determine his nationality and where to take him.

Immigration officials at Jomo Kenyatta International Airport intercepted the man in 2003 for allegedly being in the country illegally.

The court gave the order on April 1, a day after The Standard published the story of the 37-year-old.

"It is time the courts scrutinised continuously the powers exercised by the Executive, especially the Immigration and police departments, to ensure personal liabilities and freedoms are not eroded," the court said.

Justice Mohammed Warsame took issue with the then Immigration Minister Linah Kilimo, who issued an order on July 15, 2005 that led to the man’s detention.

Not aware

The court said she might not have been aware of the significance of her signature and the ramification it would have on the personal rights of the subject, which are guaranteed by the Constitution.

The judge said the minister’s action was a gross violation of the man’s rights.

"The action of the minister to order the detention without restriction or safeguards is a manifestation of abuse of powers by the Executive, without blinking an eye," he said.

The ruling was made in an application filed against the State by Mr Edman, through his advocate Ojwang’ Agina.

Justice Warsame said prison facilities were meant to take into custody the category of persons who have committed or have been convicted of various criminal offences.

He declined to accept the view that the subject was a stateless person, who was unable to disclose to Immigration officials his country of his origin.