The High Court has given immigration authorities 24 hours to return the Kenyan passport of EALA MP Abdirahman Bashir Shariff, who says he was denied entry at Jomo Kenyatta International Airport and sent back to Somalia. (Photo: EALA)
The Nairobi High Court has ordered the release and return of a Kenyan passport belonging to East African Legislative Assembly (EALA) Member of Parliament Abdirahman Bashir Shariff, who alleges that he was prevented from entering Kenya after arriving at Jomo Kenyatta International Airport (JKIA) and subsequently returned to Somalia.
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The court directed the respondents to release and return Shariff’s passport to him or his advocates immediately, and in any event within twenty-four (24) hours after being served with the order.
“Pending the inter partes hearing and determination of this Application, an ORDER be and is hereby issued directing the Respondents, jointly and severally, to forthwith and in any event within twenty-four (24) hours of service of the order herein, RELEASE AND RETURN to the Petitioner or to his Advocates on record his Kenyan Passport No. CK1 14667 issued on 16th January 2023 and expiring on 15th January 2033, intact and unaltered,” reads the order.
In his petition, Shariff identifies himself as a Kenyan citizen by birth and argues that the State had no lawful basis to stop him from returning to the country.
“This matter concerns a proposition which ought never to have required the intervention of a court: that the Republic of Kenya may not shut its own citizen out of his own country,” the petition states.
Through his lawyer, Ceceil Miller, Shariff alleges that he arrived at JKIA from Mogadishu on August 14, 2026, where immigration officers subjected him to extensive questioning about his Somali citizenship.
According to the petition, “the said officers removed him from the immigration hall and detained him”.
Shariff says the officials first told him that he was not Kenyan and had obtained his Kenyan passport unlawfully. He alleges that the explanation later changed, with officers accusing him of failing to declare his dual citizenship.
The petitioner says he showed officials that a declaration of his dual citizenship had already been entered into the immigration system. Despite this, he claims, they insisted on seeing a hard copy of the declaration.
He alleges that the officers then confiscated his passport, blocked him from entering Kenya and placed him on a flight back to Mogadishu.
“The said officers refused the Petitioner leave to pass the immigration barrier and denied him entry into the Republic of Kenya,” the petition states.
Shariff further claims that officials did not provide him with a written decision or reasons for his alleged detention, refusal of entry, removal or the seizure of his passport.
“The Petitioner was afforded no prior notice, no hearing, no opportunity to respond to the allegation made against him,” the petition says.
The case brings into focus the constitutional protections available to Kenyan citizens who also hold citizenship in another country. Shariff cites Article 16 of the Constitution, which provides that a citizen by birth does not lose Kenyan citizenship after acquiring citizenship of another country.
He also relies on Article 39(3), which guarantees every citizen the right to enter, remain in and reside anywhere in Kenya.
In the petition, Shariff argues that his alleged removal amounted to what he describes as constructive deportation and asks the court to declare the action unconstitutional.
He is also seeking damages, saying the alleged conduct caused him financial losses, separation from his family and other prejudice.
The petition adds that Shariff’s Kenyan passport carries a valid United States visa, which he says he needs in order to travel to the US to visit family.
“The value of the said visa continues to waste with each passing day,” the petitioner says.
The High Court has not yet reached a final decision on the allegations or the substantive constitutional issues raised in the petition.
Justice Mburu directed the respondents to file responses to the application and petition within seven days. Shariff will then be allowed to file a rejoinder and written submissions, after which the respondents will make their submissions.
The case will return to court on October 14, 2026, for confirmation of compliance and further directions.
