Foreigner in court to fight imminent deportation

June 26, 2018 5:21 pm
In an urgent application filed at the High Court on Monday, Ahmed Samy Saad Moussa Breik – through Maloba and Amalemba advocates – said he was being held arbitrarily by the Directorate of Criminal Investigations (DCI) without information on the charges he was facing/FILE

, NAIROBI, Kenya, Jun 26 – A foreign national has lodged an application seeking to stop his imminent deportation following his arrest in the wee hours last Friday.

In an urgent application filed at the High Court on Monday, Ahmed Samy Saad Moussa Breik – through Maloba and Amalemba advocates – said he was being held arbitrarily by the Directorate of Criminal Investigations (DCI) without information on the charges he was facing.

The Egyptian national further told the court that he was apprehensive that DCI had intentions to deport him unlawfully.

“Despite incessant efforts by the applicant’s relatives and his advocates to trace him to the officers dealing with the matter within the DCI, the said officers have not disclosed the reasons for the applicant’s arrest, where the applicant is being held or indeed if they intend to charge the applicant with any offences known to law,” Moussa’s lawyers stated in the application.

The applicant moved the court to issue orders restraining the Department of Immigration from deporting him pending the hearing of his application on Wednesday.

Moussa’s lawyers also asked the High Court to issue orders releasing the suspect on bail.

In a supporting affidavit, Moussa’s wife – Sarah Ibrahim Abdelwahed Mahmoud – said she needed support from her husband to take care of their two young children, one of whom was born on June 11.

In her affidavit, Sarah said she arrived with Moussa in the country on a tourist visa in January 2018 with the intention to return to Georgia, where they came from, after five months.

According to Sarah, their stay in the country was to help them study the business environment in Kenya to gauge the prospects of setting up a business.

The deponent cited a medical advisory from a local hospital as the reason she and her husband stayed beyond the initial five months.

“My doctors advised that it was not safe to travel out of the country since I was pregnant at the time and due for delivery and I was informed to postpone my travel until a period not less than one month to ensure I fully recover before I could travel again,” she deposed.

Moussa is said to be in custody of Anti-Narcotics Unit but the police service is yet to issue a statement regarding his incarceration.

According to his wife, about 13 police officers who arrested him when they raided his residence on Raphta Road seized an Apple laptop, a Samsung laptop, and three mobile phones.

“The police asked for my husband’s bank account details which I gave out both his personal bank account details as well as those for his company after which they took his passport as well as his mobile phones,” she stated.

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