High Court Blocks Deportation of Garissa Man, Orders Release on Sh1M Bond

The High Court has barred the Directorate of Criminal Investigations (DCI), the Inspector General of Police, and the Director General of Immigration Services from deporting a Garissa resident who was arrested at immigration offices in Embu.

Justice Alexander Muteti ordered the suspect, Mohamed Abdisalam Mohamed, to be released on personal cash bail of Sh1 million plus two sureties pending further directions from the court.

In his ruling, the judge also directed the Director General of Immigration Services to issue a prohibited migration visa to the suspect, who is believed to be a Somali citizen. Justice Muteti further ordered the immigration department to release Mohamed’s personal effects, including mobile phones.

The judge noted that the court had been informed that Abdisalam had been in police custody for 10 days without a court order or being produced in court as required by law.

The suspect, through his lawyer Kibiru Njenga, told the court that his client’s liberty had been violated and that the court needed to take action to secure his release. The lawyer argued that his client is a Kenyan citizen who holds a National Identity Card and was arrested while applying for a passport.

Njenga submitted that it was incumbent upon the immigration department to exercise its powers and have his client discharged.

Justice Muteti directed that Mohamed sign a personal bond of Ksh1 million plus two sureties to secure his release. The judge also ordered the immigration department to file an affidavit in response to the application filed by Mohamed.

The judge specified that while the immigration boss can be represented by an advocate, the applicant Mohamed must be present in court.

Mohamed’s family had petitioned the High Court to order the DCI, Police IG, and the Attorney General to produce him in court “dead or alive.”

“The DG Immigration Services, in whose custody the applicant (Mohamed) is said to be, is hereby directed to appear tomorrow. The respondents (DCI, IG and the AG) are required to comply with the order in the event that the subject (Mohamed) is still in their custody,” Justice Muteti ordered.

“The applicant is not to be processed for any removal from the country until the orders of this court are complied with.”

Lawyer Njenga told the court that the arrest was unlawful, conducted without explanation of any offences Mohamed could have committed. He said his client did not resist arrest but has been held at two different police stations for more than 24 hours in violation of his constitutional rights.

Njenga emphasized that Mohamed is a law-abiding citizen who did not resist arrest, demonstrating his willingness to submit to lawful process and assist in any investigations. The lawyer added that despite being known and publicly available, Mohamed was neither summoned nor formally approached by investigative agencies prior to his arrest.

The applicant told the court that DCI officers detaining him have been threatening to deport him to Somalia, despite his possession of a Kenyan national identity card.

Mohamed believes he has been ethnically profiled and subjected to inhumane treatment by being threatened with deportation without valid grounds or due process.

Since his arrest on May 15, Mohamed was held in two police stations in Embu, including Itambua Police Station, before being transferred to Kilimani Police Station, where he was booked on May 19 under Occurrence Book entry 78/19/5/2025.

Mohamed was arrested for allegedly having double registration, with immigration officials accusing him of being registered as a Somali citizen before his arrest.

“To aggravate the matter, Mohamed’s family members, friends and associates have been deliberately denied access to him – a clear, calculated and unlawful affront to both constitutional guarantees and the basic dictates of due process,” lawyer Njenga stated.

“It is my considered view, as an officer of this court, that this Court cannot sit by and passively await the continued crystallisation of constitutional violations. It is the duty of this court to forestall such unlawful conduct by promptly ordering the (DCI, IG and AG) to produce Mohamed before a court of competent jurisdiction as the law peremptorily demands.”

The case will be mentioned on June 10 for further directions.