Briefly
Case Law

Somalia Deputy PM Returns Kenyan Passport After JKIA Deportation

Kenya·Capital FM Kenya·⏱️ 3 min readBriefly Analysis

Summary

  • Somalia's Second Deputy Prime Minister Jibril Abdirashid Haji surrendered his Kenyan passport after being deported from Nairobi.
  • Haji maintained that the passport was lawfully acquired and used in full compliance with Kenyan laws and procedures.
  • The incident has reignited debate over the issuance of Kenyan passports to foreign nationals, particularly senior officials.
  • Somali President Hassan Sheikh Mohamud reportedly directed public officials with Kenyan travel documents to surrender them or resign from government.

What Happened

Haji maintained that the passport was lawfully acquired and used in full compliance with Kenyan laws and procedures.

A high-ranking Somali official's diplomatic passport has been at the center of controversy in Kenya. The incident began when Second Deputy Prime Minister Jibril Abdirashid Haji was deported from Nairobi after immigration authorities flagged his Kenyan passport at Jomo Kenyatta International Airport (JKIA). According to a police report, Haji had arrived in Nairobi on June 26 using a valid Somali diplomatic passport and Kenyan visa. However, during immigration clearance, officers questioned him about the possession of a fraudulently acquired Kenyan passport. The report stated that Haji acknowledged possessing the passport but refused to surrender it when requested, insisting he would only produce it before a court of law. Authorities subsequently held him at the VIP lounge in Terminal 2 before facilitating his return to Mogadishu the following day aboard a Daallo Airlines flight.

Legal Context

The incident has reignited debate over the issuance of Kenyan passports to foreign nationals, particularly senior officials. Under the Constitution and the Kenya Citizenship and Immigration Act, Kenyan passports are issued only to Kenyan citizens, including dual nationals. There is no express legal provision allowing non-citizen foreign officials to hold Kenyan passports, making allegations that such documents were issued outside the established citizenship framework a recurring source of political and legal controversy. The issue has also sparked concerns about the potential for abuse of power and the need for greater transparency in the issuance of travel documents.

Why It Matters

The latest development may have significant implications for senior Somali officials holding Kenyan passports. In response to the controversy, Somali President Hassan Sheikh Mohamud reportedly directed public officials with Kenyan travel documents to surrender them or resign from government. The move is seen as a bid to strengthen bilateral relations between Somalia and Kenya while also addressing concerns about the potential for abuse of power. However, the decision has also raised questions about the rights of dual nationals and the need for greater clarity on citizenship laws.

Practical Implications

Lawyers advising Somali public officials should note that the latest development may trigger renewed scrutiny of senior officials holding Kenyan passports, and advise clients to review their citizenship status and compliance with host country laws.

Source

Source: Original reporting via Xinhua

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