Connect with us

Lifestyle

Italian man sues Kenya for deporting him

Published

on

Spread the love by sharing this post with family and friends
  •  
  • 2
  •  
  •  
  •  

The Immigration Department is on the spot for deporting the Italian President of Agriculture after he came to Kenya as a tourist to deliver crucial medicine to his ailing uncle. who has been sick for the past three years.

Mr Alberto Marchesi came to Kenya on October 29 and, upon landing at Moi International Airport, Mombasa, was arrested, held briefly for interrogation, and deported to Italy.

He had come to deliver medicine to Mr Italo Ceccagnoti, an elderly man who suffered a stroke in 2017, and depends on the drugs to live.

As a consequence of the stroke, Mr Marchesi, who is also the President of Agriculture, says the man underwent an operation.

“Mr Ceccagnoti suffered a stroke and was paralysed, thus I started coming to Kenya on a monthly basis to bring him medicine and take care of him,” said the Italian.

Following the arbitrary arrest, harassment and unprocedural deportation, Mr Marchesi has sued Kenya for alleged violation of his rights that resulted in his arrest and deportation. The case has been certified as urgent by the court.

Mr Ceccagnoti, who has several properties in Bamburi, has been residing in Mombasa for close to 25 years. He has bequeathed his wealth worth millions of shillings to Mr Marchesi in a will dated September 30, 2020.

Mr Marchesi suspects that it is this will that led to his arbitrary arrest and deportation.

He has sued the Immigration officer in charge of Moi International Airport, the Director of Immigration and Registration of Persons, Interior Cabinet Secretary Fred Matiang’i and his Tourism counterpart Najib Balala.

Mr Marchesi has sued the State through the Commission for Human Rights and Justice, which has filed the case at the Mombasa High Court on his behalf. In his supporting affidavit, Mr Marchesi says he has visited the country since 1995 and has never been arrested or engaged in any criminal activity.

“During my many visits and stay in the country, I have not engaged in any unlawful and illegal business. I am a law-abiding visitor and I have not contravened any laws and regulations,” he says.

Mr Marchesi explained that upon alighting from the plane, he was held and put in police cells for two hours after his passport and other travel documents were confiscated.

He was then interrogated on why he had made several trips to and from Kenya. Mr Marchesi explained that he had a sick uncle who needed his attention, care and supply of medicine.

Placed on watch list

“I was told I would be taken to court but this did not happen. I was moved from one immigration office to another and later taken back to the airport, where I was locked up again in cells and after two hours I was deported,” he said.

Upon arrival in Italy, Mr Marchesi says in court documents that he was handed over to the police as though he was a criminal.

He says that he has never been informed the reason for his arbitrary arrest, incarceration and deportation as there has been no formal complaint about him.

“Actions of omission and commission by the immigration officers at MIA were unlawful, unlawful and derogation of human rights and freedoms as encapsulated in Kenyan laws and other international charters on human rights and freedoms. I have never been charged with any known offence either under the Kenyan or Italian law,” he said.

Mr Marchesi has told the court that his human rights and freedoms were utterly violated,  infringed and trampled on without being given a chance of being heard before any court of competent jurisdiction.

He now wants the court to issue orders directing the immigration department to allow him to enter the country and be issued with the necessary visa for his entry and stay as a foreigner.
 
The lobby’s executive director Julius Ogogoh has told the court that Mr Marchesi is not a prohibited person and had the right to be allowed to enter and remain in the country as per the visa granted.

“The petitioner prays for an order directing the respondents by themselves, their agents or anyone acting on their behalf from further violating, intimidating, arresting or causing to be arrested in any manner that may compromise Mr Marchesi’s liberty,” said Mr Ogogoh.

However, the immigration officer in the investigation and prosecution section, Mr Kipkoech Sang, said Mr Marchesi had been placed on a ”watch list” pursuant to intelligence reports provided by an informer.

“Mr Marchesi was flagged for being an undesirable immigrant. Following his failure to answer questions on his activities in the country, he was denied entry into the country,” said Mr Sang.

The officer further claimed that the foreigner does not hold a resident permit and or work permit allowing him to engage in any business in the country.

Under Section 33(5) of the Kenya Citizenship and Immigration Act 2011, entry of a prohibited immigrant or undesirable person into the country is unlawful whether or not he or she is in possession of any document allowing him entry or transit through Kenya.

Mr Sang has denied that the foreigner was arrested, intimidated, threatened or deported.

by nation.co.ke


Spread the love by sharing this post with family and friends
  •  
  • 2
  •  
  •  
  •  
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Lifestyle

Rachel Ruto cycles in honour of Kenya Airways staff killed in motorcycle accident

Published

on

Spread the love by sharing this post with family and friends
  •  
  •  
  •  
  •  
  •  

Deputy President William Ruto’s wife Rachel has joined her fellow cyclists in celebrating one of them who was killed in an accident.

Rachel Ruto.

Rachel Ruto cycling in the company of biking enthusiasts. Photo: Rachel Ruto.
Source: Facebook

Rachel and members of Spin Kings Kenya bikers group on Saturday, November 28, took to the road to cycle in honour of the late Patricia Wangui “Kui” Gitonga.

“Today I cycled in honor of Kui Gitonga, a biker whose life was cut short in a motorcycle accident. During her free time, she was a volunteer road marshal for cycling groups, protecting and ensuring a safe route by directing cyclists,” she posted.

The Kenya Airways employee was cycling along Ngong road on Saturday, November 21, when she rammed into an overlapping saloon car which had reportedly veered off the lane.

“We lost our first ever lady biker to a collision with a recklessly driving maniac who lost control of his speeding car and veered into the path of our sister at a high rate of speed, side swiping and injuring her extensively,” her fellow biking enthusiast Kennedy Marete mourned.

Rachel Ruto.

The late Kui Gitonga. Photo: Rachel Ruto.
Source: Facebook

Kui’s memorial service will be held at Consolata Shrine in Westlands on Monday after which her remains will be ferried to Karatina for burial on Tuesday, December 1.

A month ago, a doctor who had urged the government to curb road accidents was killed while cycling on Tuesday, September 27, along Kiambu road.

Alphonce Ogada, a consultant pediatric dentist loved cycling and on that fateful day, the father of two atop his favorite bike when a recklessly driven matatu hit and killed him.

His demise followed that of a fellow cyclist and young engineer Caleb Omwoyo who was on his way home on the evening of Wednesday, September 16, when he met his death.

By Tuko.co.ke


Spread the love by sharing this post with family and friends
  •  
  •  
  •  
  •  
  •  
Continue Reading

Health

PS Kibicho reveals he contracted coronavirus

Published

on

Spread the love by sharing this post with family and friends
  •  
  •  
  •  
  •  
  •  

Interior Principal Secretary Karanja Kibicho has revealed that he contracted coronavirus and recovered after undergoing treatment.

While addressing mourners in Kirinyaga County on Friday Dr Kibicho said Covid-19 is not a death sentence.

“I tested positive for coronavirus, but I was treated and discharged from hospital,” he said at Gathuthuini Primary School during the funeral service of a local church leader.

“I am a living example. Those who are suffering from the disease should not worry because they will get well,” he said, adding that out of 100 people who contract the disease in Kenya only two succumb to it.

Dr Kibicho advised Kenyans to be tested for the disease because it is curable.

“Kenyans should be tested to know their status so that they can be treated,” he said.

The PS also urged Kenyans not to stigmatise people who have contracted the virus.

“Covid-19 patients should be showed love and not rejection. When the patients are abandoned, they become depressed and may take longer to recover,” he said.

He also underscored the need for everyone to continue observing protocols issued by the Ministry of Health to control the spread of Covid-19.

“People should wear masks, sanitise regularly, wash their hands and avoid crowded places,” he said.

The PS further said that city residents should avoid travel during the holidays.

“If I had power, I would lock Nairobi during the festive season to curb spread of the dis-ease to rural areas,” Dr Kibicho said.


Spread the love by sharing this post with family and friends
  •  
  •  
  •  
  •  
  •  
Continue Reading

Business

Carpenter hopes payday in sight in 27-year fight over presidential seats

Published

on

Spread the love by sharing this post with family and friends
  •  
  • 1
  •  
  •  
  •  

For the past 27 years, Solomon Njoroge Kiore has battled with the government over a debt that was initially Sh195 million but has now ballooned to more than Sh500 million in an unpaid bill for presidential furniture he delivered.

Tomorrow (Monday), Mr Kiore will go to the High Court in Milimani hoping that the end is in sight as he is supposed to get a hearing date for a case that has had many twists and turns.

In 1992, Mr Kiore, the proprietor of Furncon, a furniture company, won a government tender to supply presidential furniture but down the line, the deal went sour when the military officials returned the chairs a year after President Daniel arap Moi had used them — allegedly without payment.

The chairs had been acquired through the Ministry of Defence and approved by State House, according to court documents.

The government has denied failing to make the payment and he went to court to seek redress in 2007.

Although Mr Moi used the chairs for a year, Furncon says the military returned them to his workshop.

With the matter dragging through the courts for years, in February 2018, a decision was reached to settle out of court.

But the parties could not agree on the amount to be paid, with the businessman citing lack of goodwill on the side of the state.

Sh527 million

That year, Mr Kiore was seeking Sh527 million, being the price, court costs and storage charges.

He told the court he did not receive any invitation to negotiate a settlement.

Then last year, Symon Yator Cheberek, a military colonel, took over the case after Attorney General Kihara Kariuki appointed him to represent the state in all civil matters in which the Ministry of Defence is a party.

High Court judge Joseph Sergon allowed Col Cheberek to act for the state, but Mr Kiore objected this saying allowing a military officer to take up the matter was tantamount to court-martialling him.

“There can never be a situation where a civilian can be in court one on one with a distinctive disciplined and uniformed force,” he stated in an affidavit on March 25, 2019.

Col Cheberek said he is an advocate of the High Court of Kenya and the Attorney General was in order to appoint him.

Mr Kiore wants Justice Sergon to recuse himself from hearing the matter, alleging bias and citing a 2017 ruling by Justice Philip Mwongo barring the military from taking over the case.

Justice Sergon has declined the recusal plea, saying the claims of bias could not be proved.

 Now, Mr Kiore says his business has died, as he can no longer use the premises where he has kept the chair as it is an instrument of power.

“It was used by a President for a year. It is treasured and therefore no one is supposed to touch it. My business has suffered immensely because of this seat,” he says in his court documents.

In a letter dated May 10, 2001, the Attorney General informed Mr Kiore that the Department of Defence had extended a without-prejudice offer purely out of honour and respect for presidential instruments.

“However, having realised that your claims include other items worth millions of shillings reflective of your other financial issues not related to the chair in question, it has not been possible to formally make the offer to you,” states the letter signed by V Onyango, a deputy litigation officer at the State Law Office.

Admission of liability

The offer, the officer states, is not the government’s admission of liability, because “the said chairs were ordered by the Agricultural Society of Kenya”.

The September 1992 deal was not the first. Mr Kiore’s company had sold furniture for VIP use in State functions to the government before.

He says the seat was made under strict supervision of the military and State House staff.

The firm says it was asked to make more furniture for presidential lounges at the Eldoret Moi Airbase and Kahawa Garrison and deliver the chairs to the Agricultural Society of Kenya offices in Nairobi for a three-day presidential function.

But the President ordered that the furniture remain at the ASK offices, according to a letter by the ASK dated August 5, 1999.

Now, Furncon wants a declaration that the ownership of the items was passed on to the government in September 1992, under the National Flag, Emblems and Names Act and as such they are instruments of power.

by nation africa


Spread the love by sharing this post with family and friends
  •  
  • 1
  •  
  •  
  •  
Continue Reading

Special Offer: Own one starting at Ksh 3.7M


poapay3

Like us on Facebook, stay informed

NEWS TRENDING RIGHT NOW

2020 Calendar

November 2020
M T W T F S S
 1
2345678
9101112131415
16171819202122
23242526272829
30  
satellite-communication1.jpg

Trending