Five Nigerians sue Matiang'i over deportation

Five Nigerian nationals have challenged Interior Cabinet Secretary Fred Matiang’i's decision to deport them for being prohibited immigrants.

On Thursday, Dr Matiang’i issued the declaration after 35 Nigerians were arrested in Kasarani during an operation related to drug trafficking.

Among those arrested on March 29 around USIU were Munirudeen Adedamola Safu, Aliu Adewale Safiu, Fatai Oshodi, Musa Odeyoyis and Oluwafemi Akinmoyero

They have sued Matiang’i, the Director of Immigration, the AG, the DCI and Officer Commanding Station Kasarani police station.

The five claim that they are at imminent risk of being illegally deported at any time now in gross violation of their due process rights under the Constitution of Kenya and the rules of natural justice.

They want the court to suspend the decision by Matiang'i declaring the Nigerians prohibited immigrants pending the determination of the case.

Safiu’s wife claims that they were arrested while on their way to a barber shop at Jewel Complex Mall around Kasarani..

They were arraigned on April 1 at Kiambu court and police asked for 14 days but the court gave them only 5 days to hold them.

According to them, they were released on a free bond on April 5 since there were no charges entered against them and further mention date was given for April 11.

However, on the said date they were served with declaration order from Matiang’i directing the police and immigration to detain them in preparation for their deportation.

They insist that they have lawfully complied with all the regulations of the law and they are legal immigrants.

However, in the affidavit produced in Kiambu court the police claim that they are being investigated for organised crime following information that led to the operation in Roysambu where they are arrested.

Christine Akoth Ndiare says she married Olawumni in 2017 and has attached a marriage certificate in court.

Edited by Pamela Wanambisi