The High Court has ordered authorities to return the Kenyan passport belonging to East African Legislative Assembly (EALA) member Abdirahman Bashir Shariff after it was allegedly confiscated at Jomo Kenyatta International Airport (JKIA).
Justice David Mburu directed the respondents to hand over the travel document to Shariff or his legal representatives within 24 hours after being served with the court order. The directive followed an application filed by Shariff through his lawyer, Cecil Miller, seeking the court’s intervention over what he described as the unlawful seizure of his passport and his removal from Kenya.
According to court documents, Shariff was stopped at JKIA on August 14, 2026, after immigration officials raised questions about his Kenyan citizenship and his possession of Somali citizenship. He alleges that he was detained, denied entry into the country and subsequently returned to Mogadishu.
Shariff maintains that he is Kenyan by birth. He says he was born in Waberi, Garissa District, on February 1, 1986, to Kenyan parents. He argues that Kenyan authorities have recognised his citizenship for more than two decades. Court papers indicate that he obtained a Kenyan national identity card in September 2005 and was later issued with a Kenyan passport in January 2023, with the document set to expire in January 2033.
A central issue in his petition is his dual nationality. Shariff contends that obtaining Somali citizenship did not result in the loss of his Kenyan citizenship. He has cited Article 16 of the Constitution, which provides that a Kenyan citizen by birth does not lose that citizenship by acquiring citizenship of another country. He has also invoked Article 39(3), which guarantees Kenyan citizens the right to enter, remain in and reside anywhere in the country.
Shariff alleges that immigration officials first questioned whether he was a Kenyan citizen and later raised concerns about whether he had properly disclosed his Somali nationality. He says he informed the officers that the required declaration of dual citizenship had already been submitted through the government’s electronic system. However, according to his court papers, the officials allegedly insisted that he produce a physical copy of the declaration.
Shariff argues that the relevant citizenship and immigration laws do not require a Kenyan citizen arriving at a port of entry to carry a physical copy of a declaration that has already been submitted electronically and is available in government records. In addition to seeking the return of his passport, Shariff wants the court to direct authorities to facilitate his return to Kenya and recognise the rights and privileges he says he is entitled to as a Kenyan citizen.
He is also seeking detailed explanations for his alleged detention, denial of entry, removal to Mogadishu and the taking of his passport. The EALA legislator has asked the court to preserve and release records connected to the incident, including CCTV footage from JKIA, passenger information, immigration-system records, detention documents and relevant internal communications. He further alleges that his passport was taken without a written decision, warrant or court order.
According to the petition, the document also contains a valid United States visa, which Shariff says he requires for both family-related and official travel. He has consequently asked the court to prevent authorities from classifying him as a prohibited immigrant, foreign national or person subject to deportation.
The respondents have been given seven days to file their responses. The parties will then exchange their submissions before the case returns to court on October 14, 2026, for further directions.
