The High Court has ordered the release and return of a Kenyan passport seized from East African Legislative Assembly (EALA) member Abdirahman Bashir Shariff at Jomo Kenyatta International Airport (JKIA).
Justice David Mburu directed the respondents to return Shariff's Kenyan Passport to him or his advocates within 24 hours of being served with the order.
The order was issued after the court heard counsels representing the parties.
The passport order was issued after the petitioner Shariff, through lawyer Cecil Miller, sought the court's intervention over the alleged seizure of his travel document.
In his application, Shariff says he was detained at JKIA on August 14, 2026, denied entry into Kenya and subsequently removed to Mogadishu.
He claims the incident arose after immigration officials questioned his Kenyan citizenship and possession of Somali citizenship.
Shariff says he is a Kenyan citizen by birth, having been born in Waberi, Garissa District, on February 1, 1986, to Kenyan parents.
“The Republic of Kenya has for over twenty years continuously and unequivocally recognised, affirmed and documented the Petitioner's Kenyan citizenship,” he states in his court papers.
He says he was issued with a Kenyan national identity card in September 2005 and a Kenyan passport in January 2023, valid until January 2033.
Shariff argues that his acquisition of Somali citizenship did not extinguish his Kenyan citizenship.
“Article 16 of the Constitution provides that a citizen by birth does not lose citizenship by acquiring the citizenship of another country,” he says.
He further argues that the constitution guarantees citizens the right to enter and remain in Kenya.
“Every citizen has the right to enter, remain in and reside anywhere in Kenya,” Shariff states, quoting Article 39(3) of the Constitution.
According to his application, immigration officials initially questioned whether he was Kenyan before allegedly raising concerns over non-disclosure of his dual citizenship.
Shariff claims he demonstrated to the officials that the declaration of his dual citizenship had already been made through the government's electronic system.
He alleges that officers nevertheless demanded a physical copy of the declaration.
“No provision of the Kenya Citizenship and Immigration Act, 2011, of the Kenya Citizenship and Immigration Regulations, 2012, or of any other written law imposes upon a citizen presenting himself at a port of entry any obligation to produce a physical copy of a declaration already made and already held upon the State's system,” he states.
Shariff further claims that his passport was seized without a written decision, warrant or court order.
He says the passport contains a valid United States visa, which he needs for family and official purposes.
“The said passport contains a currently valid visa issued to the Petitioner by the Government of the United States of America,” he states.
He has asked the court to restrain the respondents from treating him as a prohibited immigrant, foreign national or person liable to deportation.
He also wants the respondents to facilitate his re-entry into Kenya and accord him the rights and privileges due to a Kenyan citizen.
Among other orders, Shariff is seeking written reasons for his alleged detention, refusal of entry, removal to Mogadishu and seizure of his passport.
He has also asked the court to preserve and provide records relating to the August 14 incident, including CCTV footage from JKIA, passenger information, immigration system logs, detention records and internal correspondence.
The respondents are required to file their responses within the seven-day period set by the court, after which the parties will file their respective submissions before the matter comes up for further directions on October 14, 2026.
