An Ethiopian businessman has filed a petition seeking the reversal of an order issued by Interior Cabinet Secretary Fred Matiang'i seeking for his deportation.
In court documents, Abdulahi Said Salad claimed that Matiang'i, while directing for his deportation, declared him a prohibited immigrant and placed him on the immigration watch-list.
He was, therefore, seeking the court to quash an earlier decision by Justice John Mativo that upheld the CS's decision.
Through his lawyer Esther Mwikali, Salad claimed that the order by Justice Mativo had mistakenly sanctioned Matiang'i's illegal decision.
The businessman was further seeking the court to uplift the order's implementation demanding he gets allowed to seek medication in India and his return to Kenya permitted.
In December 2018, Justice Mativo dismissed his case after the applicant failed to mention the Attorney General (AG) as a respondent.
“I find glaring omissions and gaps in the ex-parte applicant’s case which raises more questions than answers on the veracity of the version he presented,” stated Mativo.
As part of the ruling, the judge further indicated that the case involved the aspect of the border security and that the court could not ignore the state's legitimate interest and the integrity of its immigration systems.
He continued that an AG was the government's principal legal adviser and that he had to be included in all legal proceedings that the state was party to.
“The omission also casts doubts on the competence of these proceedings against the government and whether under the above provisions, a government ministry is a juristic person,” he ruled.
Matiang'i declared Salad's presence in Kenya as against the national interest and ordered he gets put in police custody while deportation plans were being made.
Salad is a husband of two wives who run businesses in Kenya.
