The High Court in Nairobi has ordered the release and return of the Kenyan passport belonging to East African Legislative Assembly (EALA) Member of Parliament Abdirahman Bashir Shariff, who alleges he was denied entry into Kenya and returned to Somalia after arriving at Jomo Kenyatta International Airport.

Justice Mburu directed the respondents to release and return Shariff’s Kenyan Passport No. CK114667 to him or his advocates within 24 hours of being served with the order. The order was issued in Petition No. HCCHRPET/E630/2026 pending the inter-partes hearing and determination of the application.

Shariff, through lawyer Ceceil Miller, says he arrived at JKIA from Mogadishu on August 14, but was subjected to extensive questioning by immigration officers over his Somali citizenship.

According to the petition, immigration officers removed Shariff from the immigration hall and detained him. He alleges that officers initially told him he was not Kenyan and had obtained his Kenyan passport wrongfully. He says the explanation was later changed to an allegation that he had failed to declare his dual citizenship.

Shariff maintains that a declaration of his dual citizenship was already recorded in the immigration system. However, he alleges that officers insisted on being provided with a hard copy of the declaration.

The petitioner says his Kenyan passport was subsequently seized and that he was prevented from passing through the immigration barrier before being placed on a flight back to Mogadishu.

“The said officers refused the Petitioner leave to pass the immigration barrier and denied him entry into the Republic of Kenya,” the petition states.

Shariff further alleges that he was not given a written decision or reasons for his alleged detention, refusal of entry, removal or seizure of his passport. He argues that the actions violated his constitutional rights, citing Article 16 of the Constitution, which provides that a citizen by birth does not lose Kenyan citizenship by acquiring citizenship of another country.

He also relies on Article 39(3), which provides that every citizen has the right to enter, remain in and reside anywhere in Kenya. The petition argues that his removal amounted to what Shariff describes as constructive deportation and asks the court to declare the actions unconstitutional.

Shariff is also seeking damages, claiming that he suffered financial losses, separation from his family and other prejudice as a result of the alleged actions.

He further states that his Kenyan passport contains a valid United States visa, which he says he needs for travel to visit family in the US.

“The value of the said visa continues to waste with each passing day,” the petition states.

The High Court has not, however, made a final determination on the allegations or the constitutional questions raised by Shariff.

Justice Mburu directed the respondents to file their responses to the application and petition within seven days. Shariff will then have an opportunity to file a rejoinder and written submissions, followed by submissions from the respondents.

The matter will return to court on October 14, for confirmation of compliance and further directions.