Kajwang’ loses bid to deport poll petitioner....
Publication Date:15/10/09
By Abu Rajman
A politician who lost a parliamentary bid in the 2007 General Election has successfully argued for the nullification of a deportation order minister Otieno Kajwang’ issued against him last year.
Mr Mohamud Sirat, who vied for the Wajir South parliamentary seat, convinced the High Court in Nairobi that the deportation order by the Immigration minister was unlawful. Mr Justice George Dulu on Monday agreed with Mr Sirat that it was unfair to declare him a prohibited immigrant without according him a chance to be heard, and that, since the issue of Mr Sirat’s citizenship had not been conclusively determined, Mr Kajwang’ had no powers to issue the deportation order.
Mr Sirat unsuccessfully tried to unseat Mr Ali Hassan Abdirahman of Kanu in the last elections. He later filed an election petition challenging the results. The courts had ordered a scrutiny of ballot boxes and papers when he was suddenly arrested and declared a prohibited immigrant.
According to Mr Sirat, police officers stormed his house on May 25, last year, and arrested him on the orders of Mr Kajwang’. The officers took him after ransacking his house for his alleged Australian passport, a move he said was aimed at derailing the election petition he had filed
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