The government has suspended Senator Johnsotone Muthama and also NASA strategist David Ndii’s passports.
In letters dated February 5, outgoing director of immigration service Gideon Kihalangwa invoked Section 31 of the Kenya Citizenship and Immigration Act, 2011.
He said the passports No.C0512558 and CO39395 remains suspended with immediate effect.
“You are required to submit the passport to the director of immigration services at Nyayo House within 21 days,” the letter reads in part.
The department did not state the reason for suspending the passport.
Ndii is among the people who were at the core of Raila Odinga’s swearing-in that happened on January 30.
Hon Muthama who has kept a low profile was not at Uhuru park during the swearing in but he is closely linked to Raila and NRM.
He dismissed the suspension saying Kihalangwa used a non-existent section of the Immigration Act.
“Kihalangwa suspends a passport using a non-existent section of law not citing the reason as required. Sycophants are born, not made,” he tweeted on Tuesday.
The Kenya Citizenship and Immigration Act, 2011 and the Constitution allow for the revocation of a Kenyan passport in line with Article 24 which limits some rights of Kenyans.
“An immigration officer or any other law enforcement officer may suspend or confiscate a passport or other travel document where, subject to the Constitution, any other circumstances which in the opinion of the Director would be prejudicial to the interest of the State or holder of the passport,” the Act states.
Article 12(1)(b) of the Constitution says that every citizen is entitled to a Kenyan passport and any document of registration or identification issued by the State to citizens.
However, Article 12(2) says that the passport “may be denied, suspended or confiscated only in accordance with an Act of Parliament that satisfies the criteria mentioned in Article 24 (of the Constitution)”.
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