Alleged Detention
103.
The Applicant alleged that pursuant to his denial of entry, he was restrained,
confined and detained in the offices of the Ugandan Immigration at Entebbe
International Airport between 9.00 am and 3.00pm when he was deported
back to Kenya via Jomo Kenyatta International Airport.
104.
According to the Respondent’s affidavit evidence, the Principal Immigration
Officer avers that he knows that upon denial of entry into Uganda, the
Applicant was handed over to Kenya Airways Limited with instructions to take
him into their custody and ensure that he is removed from the non permissible
area and put him on their next flight proceeding to Nairobi. The “Notice to
Return or Convey Prohibited Immigrant” addressed to the Manager Kenya
Airways stated, inter alia, that the Applicant had been denied entry in
accordance with the law and the Manager was requested to take him into his
custody and ensure that he is removed from the non-permissible area.
Black’s Law Dictionary defines “detention” as, “the act or fact of holding a person
in custody; confinement or compulsory delay.”
Custody is defined as the “the care and control of a thing or person for
inspection, preservation or security”.
105.
We have shown above that the “Notice to Convey or Remove Prohibited
Immigrant”, issued by the Principal Immigration Officer, which contained
instructions that the Applicant be taken into custody, was illegal and
unjustified. It is undeniable, that he was taken into custody, deprived of his
liberty and was not a free man between 9am and 3pm.
REFERENCE NO.5 OF 2011
Page 46
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