Senior counsel Ahmednasir Abdullahi has strongly condemned government's move of revoking National Super Alliance (NASA) leaders' passports.
According to the lawyer, the directive ordered by the government is illegal.
"Ten years ago, a three-judge bench of the High Court ruled that the right to a passport was a constitutional right. The right to travel is in the Bill of Rights,” Mr Abdullahi noted.
“The High Court declared a passport was issued for the enjoyment of fundamental rights. The immigration department had no power to cancel or invalidate the respondents’ passports and that the cancellation of the respondents’ passports without due process was unconstitutional,” the court stated during the case of businessman Deepak Kimani.
The government on Tuesday suspended the passports of 15 NASA leaders.
[caption caption="File image of Siaya Senator James Orengo and David Ndii at a Consultative meeting."]
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The leaders who were asked to hand over their passports include Siaya Senator James Orengo, businessman Jimmy Wanjigi, strategist David Ndii, Mombasa Governor Hassan Joho and former Machakos Senator Johnston Muthama.
In a letter signed by Maj.Gen(Rtd) Dr Gordon Odemo Kihalangwa, Director of the Department of Immigration, was seen doing rounds online.
"Pursuant to Section 31(1)(2) of the Kenya Citizenship and Immigration Act 2011, you are hereby notified that passports number…. which are in your possession remain suspended forthwith,” Kihalangwa letter read in part.
“They will be on our watch list and will not be able to use them to travel. They have 21 days to surrender them to my office,” he later told the Standard.
He mentioned that the security agencies were investigating the individuals over various issues, which warranted the move.
[caption caption="File image of NASA leader Raila Odinga together with his co-principals Kalonzo Musyoka,Moses Wetangula and Musalia Mudavadi during a past press briefing."]
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However, the NASA leader Raila Odinga and his co-principals Kalonzo Musyoka, Moses Wetang’ula, and Musalia Mudavadi are not among those whose passports have been suspended.
