High Court Orders Release of EALA MP's Kenyan Passport Seized at Airport

The High Court in Nairobi has ordered passport release for an EALA member. Abdirahman Bashir Shariff's Kenyan passport was seized when he arrived at Jomo Kenyatta International Airport.

The court directed respondents to release and return his passport immediately completely. The order requires compliance within twenty-four hours of service to the MP.

Shariff's Kenyan passport number CK1 14667 was issued on January sixteenth. The passport remains valid until January fifteenth, 2033, and must be returned intact.

The MP claims he was denied entry into Kenya upon arrival. He alleges that immigration officers questioned him extensively about his Somali citizenship status.

Shariff Says He Was Detained and Later Placed on Flight Back to Somalia

Shariff arrived at JKIA from Mogadishu on August fourteenth this year. Immigration officers removed him from the immigration hall and detained him immediately.

Officials initially told him he was not Kenyan and obtained passport wrongfully. Later they alleged he had failed to declare his dual citizenship status.

Shariff demonstrated that dual citizenship declaration was recorded in the system. He says officials nevertheless insisted that a hard copy was required afterwards.

His passport was subsequently seized by immigration officials at the airport. He was prevented from entering Kenya before being placed on return flight.

No Written Decision Provided for Detention, Entry Refusal and Passport Seizure Action

Shariff claims he received no written decision or reasons for detention. Immigration officers gave him no prior notice, hearing, or opportunity to respond.

He was afforded no chance to respond to allegations against him. The petitioner describes the alleged removal as constructive deportation of a citizen.

Petition Relies on Constitutional Articles Protecting Citizen Rights and Freedom of Movement

Article 16 of the Constitution states that citizens by birth retain citizenship. Acquiring another country's citizenship does not result in loss of Kenyan citizenship.

Article 39(3) states every citizen has the right to enter Kenya. Citizens also retain rights to remain in and reside anywhere in Kenya.

Shariff argues that the alleged removal action was unconstitutional and unlawful. He seeks court declaration that the government action violated constitutional rights completely.

Shariff Seeking Damages for Financial Losses and Separation From Family Members

The petitioner seeks damages for financial losses resulting from detention. He claims he suffered separation from family and other prejudices resulting.

His Kenyan passport contains a valid United States visa for travel. He says the visa's value continues to waste with each passing day.

High Court Schedules Matter for Further Hearing on October Fourteenth, 2026

Justice Mburu directed respondents to file responses within seven days. Shariff may then file a rejoinder and written submissions in the case.

Respondents will file submissions before the matter returns to court. The hearing on October 14, 2026, will confirm compliance and provide directions.

The High Court has not yet made final determinations on allegations. Substantive constitutional questions raised in the petition remain undetermined at this stage.