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 says he was denied entry into Kenya and sent back to Somalia.
Justice Mburu directed the respondents to return Shariff’s Kenyan Passport No. CK114667 to him or his lawyers within 24 hours of being served with the order.
The directive was issued in Petition No. HCCHRPET/E630/2026 pending the hearing and determination of Shariff’s application.
Through his lawyer, Ceceil Miller, Shariff told the court that he arrived at Jomo Kenyatta International Airport from Mogadishu on August 14 but was subjected to prolonged questioning by immigration officials over his Somali citizenship.
According to court documents, Shariff was removed from the immigration hall and detained after officers allegedly questioned the validity of his Kenyan citizenship.
He claims officials initially told him that he was not a Kenyan citizen and had obtained his Kenyan passport unlawfully.
He says the explanation later changed, with officers alleging that he had failed to declare his dual citizenship.
Shariff disputes the claim, saying his declaration of dual citizenship had already been captured in the immigration system. He alleges, however, that officials demanded a physical copy of the declaration.
The EALA legislator says his Kenyan passport was subsequently confiscated and that he was prevented from proceeding through the immigration barrier.
He was then placed on a flight back to Mogadishu.
Shariff has accused the immigration officials of denying him entry without providing a written decision or reasons for his detention, removal or seizure of his passport.
In his petition, he argues that the alleged actions violated his constitutional rights, including provisions protecting Kenyan citizenship.
He has cited Article 16 of the Constitution, which provides that a citizen by birth does not lose Kenyan citizenship by acquiring citizenship of another country.
Shariff has also relied on Article 39(3), which guarantees every Kenyan citizen the right to enter, remain in and reside anywhere in the country.
The legislator wants the court to declare the actions against him unconstitutional and has also sought damages for alleged financial losses, separation from his family and other prejudice.
He further told the court that his Kenyan passport contains a valid United States visa, which he says he requires to travel to the US to visit family.
He argues that the visa’s validity continues to run out while he remains unable to access his passport.
The High Court has not made a final determination on the allegations or the constitutional issues raised in the petition.
Justice Mburu directed the respondents to file their responses within seven days, after which Shariff will have an opportunity to respond before the parties file their written submissions.
The case will return to court on October 14, 2026, for confirmation of compliance and further directions.
