Deported Kenyan slaps gov�t with P18M lawsuit
Innocent Selatlhwa | Friday September 1, 2017 14:42
But the Kenyan’s attorney Wada Nfila says they have served the ministry with court papers.
Mutua is demanding P18 million for unlawful detention, as he was allegedly detained and never tried until he approached the High Court. He said he was only released earlier in April.
The Kenyan said it was only after he petitioned the officer commanding State Prison (Francistown Centre for Illegal Immigrants), the director of Immigration and the Attorney General (AG) in courts that he was freed.
According to a court order dated April 13, 2017, the petitioned were ordered to deliver Mutua into the custody of an official of the Embassy of Kenya in Gaborone. The respondents were also ordered to make consultation with the Kenyan Embassy to make arrangements for the removal of Mutua from Botswana to Kenya within 30 days of the order.
However Mutua remained in the country until late July when he was finally repatriated. While he claimed that he was arrested and robbed by immigration officials while in transit to board a plane in Francistown, the government claims that Mutua was an illegal immigrant.
Despite the court order, Permanent Secretary at the Ministry Banny Molosiwa maintained that Mutua was detained lawfully. She also said the Ministry is not aware of any letter of demand from lawyers on behalf of Mutua.
“Mutua stayed in Botswana illegally from February 2015 up to 2016 when he was arrested as an illegal migrant. During the month of November 2016, an attempt was made by a non-governmental organisation to facilitate his repatriation, but he refused and opted to engage the High Court. Therefore, a court order was conditionally issued for his release and immediate repatriation,” Molosiwa said.
Molosiwa said his refusal to be repatriated in November 2016 and the subsequent legal wrangle at the High Court, inhibited the intended prompt repatriation process hence his incarceration for about eight months.
On the lengthy stay of Mutua in prison, Molosiwa said illegal immigrants are detained while awaiting trial or other procedures. “The length of stay varies from one person to the other depending on their individual circumstances. The illegal immigrants once cleared have to arrange for their own transport back to their country. Those who are unable to transport themselves have to wait for the ministry to repatriate them which is done when funds permit,” she said.
On failure to repatriate Mutua timely as ordered by the court, Molosiwa said “the Ministry worked with the Kenyan High Commission immediately after the Court order. However, there were delays due to circumstances beyond both parties’ control. Mutua was ultimately repatriated to Kenya on July 22, 2017 at the ministry’s expense”.
Nfila expressed shock at the ministry’s claim that they are not aware of the lawsuit. “We have filed the papers and served them. Despite Mutua having been repatriated, we are continuing with the case and are in contact with him from Kenya,” Nfila said. On claims by the ministry that Mutua was an illegal immigrant prior to his arrest, Nfila said that was news to him.
The Kenyan High Commission had not responded to a questionnaire sent to them at press time.