High court intervenes to protect Garissa resident detained by DCI, immigration officials
Through lawyer Kibiku Njenga, Mohamed had told the High Court that although his arrest was unlawful, without an explanation of any offences he could have committed.
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 the immigration offices in Embu.
Justice Alexander Muteti also ordered the immigration boss to appear in court in person and present Mohamed Abdisalam Mohamed in court tomorrow (Friday) at 9:30 am.
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Justice Muteti, however, directed that the immigration boss can be represented by their advocate, but 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," Muteti ordered.
"That the applicant is not to be processed for any removal from the country until the orders of this court are complied with."
Through lawyer Kibiku Njenga, Mohamed had told the High Court that although his arrest was unlawful, without an explanation of any offences he could have committed. He did not resist the same but has been held at two different police stations for more than 24 hours in violation of his constitutional rights.
Law-abiding citizen
Njenga told the court that Mohamed is a law-abiding citizen who did not resist arrest, albeit unlawfully, indicating his willingness to submit to lawful process and to 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 also told the court that the DCI officers who are detaining him have been threatening to deport him to Somalia, even though he is a Kenyan with a Kenyan national identity card.
He told the court that he believes that he has been ethnically profiled and subjected to inhumane treatment by being threatened with deportation without any 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 he was transferred to Kilimani Police Station, where he was booked on May 19 vide Occurrence Book entry – 78/19/5/2025 – where he is still held.
Mohamed was arrested for having a double registration, where the immigration officials accused him of having been registered as a Somali citizen before he was arrested.
"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 the due process," stated lawyer Njenga.
"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."
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