Warrant of arrest has been issued against Nairobi Criminal Investigation Officer Ireri Kamwende for disobeying a court order made on May 26, 2017.
The warrants were issued by Senior principal Magistrate Martha Mutuku after an application made by a German National Richard Boack.
Boack filed the application seeking summons against Kamwende to show cause why he should not be committed to jail for willfully disobeying the order of the court ordering the release of his passport.
The applicant also wanted a deportation order issued by Cabinet Secretary Interior and Coordination of the National Government on May 12, 2017 stayed pending the hearing and determination of the matter.
They wanted the court to order that the passport of Richard Boack be pleased to him and he be given opportunity to apply for extension of bias without interference.
Kamwende has been accused of unlawful detaining Boack’s passport from May 10, 2017 to date denying him the chance to apply for a Visa before his Visa expired on May 28, 2017.
Boack said the reasons for detaining his passport were dealt with in a court ruling on May 10, 2017 which the police has willfully ignored.
“Section 33(I) of Kenya Citizenship and Immigration Act Number 12 of 2011 does not give the Cabinet Secretary powers to declare a person a prohibited immigrant, therefore the order by Cabinet Secretary is invalid,” Said Boack.
He claimed that the order by CS was unconstitutional and against the rules of natural justice as the Applicant is being condemned without the rights to a hearing.
He said that the CS was not based on any reasonable, valid, credible and provable evidence.