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