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High Court to Determine Legality of 12-Hour JKIA Detention for Kenyan-British National
"My passport and luggages were returned at 1900 hours in the presence of my advocate and no reasons given for my detention throughout the day," read part of the affidavit.
The High Court in Nairobi will unearth a controversial issue by Kenyan immigration regarding a Kenyan-British national’s right for detaining her at the airport and denying her to board the flight outside the country without duly communication.
The application was filed in Milimani Court by Ayni Hussein Mahamud, the petitioner requested for the reasons from the Ministry of Interior and National Administration for placement of immigration stop order, illegal detention at Jomo Kenyatta International Airport JKIA and threatened removal.
In her affidavit sworn on February 13, 2026, the petitioner avers that she was detained at JKIA on the aforementioned date by immigration officers for more than 12 hours without any justifiable reasons.
“My passport and luggages were returned at 1900 hours in the presence of my advocate and no reasons given for my detention throughout the day,” read part of the affidavit.
She claims that during her detention, one of the immigration officers told her that she would not be allowed to return to the country upon her exit without justifiable reasons despite being legally in the country.
Upon her investigation, the petitioner states that the Cabinet Secretary, Ministry of Interior and Coordination of National Government and Principal Secretary, Department of Immigration and Registration of Persons, the respondents had placed restrictions against her travel alleging that she is involved in criminal activities that are a threat to national security, and should be disallowed to enter in the country.
She wrote a letter through her counsel dated February 10, 2026, to the Cabinet Secretary, Ministry of Interior and Coordination of National Government requesting for the explanation for the said stop order but they got no response.
The misconduct of the Immigration department is also exhibited when Peter Ndombi and other officers based in the Department of Enforcement and Compliance Division, Nyayo House bursted the petitioner in her residence at Parklands on January 15, 2026, wanting to know her migration status.
Despite providing her travel documents to the officers, they issued summons to report to the Directorate of Immigration Services at Nyayo House on the same day.
The court noted that Ayni is legally married to a Kenyan husband and is a mother of minors who are citizens of Kenya by birth.
In their response to the petition, the respondents confirmed before the court that there is no stop order placed against the petitioner and on the said date she was detained stated that she refused to travel for her own reasons.
“On the material day the petitioner opted not to travel as scheduled for reasons best known to her,” read part of the affidavit sworn by Ronny Akedi, Assistant Director Immigration Service.
Justice Bahati Mwamuye scheduled the matter for further mention to confirm full compliance on May 6, 2026, before setting for the hearing dates.
In the meantime, the same court had issued orders dated January 21, 2026, restraining the respondents, their agents, employees or associated entities from removing or deporting the petitioner from the territory of the Republic of Kenya.
