Kiza Lounge owner protests against his deportation
Controversy surrounds the alleged deportation of Nigerien businessman Oumarou Moumouni Ali.
In papers filed in court, the 47-year-old said he left the country on August 22 for a business trip only to learn that he had been deported.
Before leaving Nairobi, the proprietor of Kiza Lounge in Kilimani had applied to the Interior Ministry for the renewal of his work permit, but the request took long, forcing him to head to court in a bid to stop his imminent arrest and deportation.
He said in documents filed in court that his work permit was valid for two years and he applied for a renewal on January 30.
He said he paid the processing fee, but the ministry failed to consider his application despite acknowledging receiving the application.
Facing imminent arrest, Mr Ali filed a petition before the High Court through his lawyer Stephen Gitonga. Justice Pauline Nyamweya certified the petition as urgent and directed it to be heard on September 3 by Justice James Makau.
When the matter came up for hearing a State counsel informed Justice Makau of a deportation order dated August 14.
Mr Gitonga said it was the first time they learned of the deportation order although the State counsel had no documents to back the claim.
The counsel also asked the court to grant the Attorney-General more time to prepare a response. Justice Makau granted the request and directed the case to be heard on November 19.
Mr Gitonga wants to be allowed to amend the petition to align the prayers being sought with Mr Ali’s current situation.
In the petition, Mr Ali has named the Director-General Kenya Citizens and Foreign Nationals Management Services, the Interior CS, Inspector General of Police and the Attorney-General as respondents.
Denying Mr Ali a work permit, Mr Gitonga says, offends the Constitution and section 4 of the Fair Administrative Actions Act. He said the inaction was meant to expose him to arrest, a move he termed as unconstitutional.
Mr Ali further said that his work permit has been renewed since 2008. He maintained that he is the honorary consul of the Republic of Niger in Kenya and enjoys diplomatic immunity.