What happened immediately thereafter is contested. The Applicant says he
was arrested, detained and confined by airport immigration authorities.
Immigration authorities maintain that that they handed him to Kenya Airways
who took him into their custody. What is uncontested is that he was
subsequently served with a copy of a “Notice to Return or Convey Prohibited
Immigrant” addressed to the Manager, Kenya Airways by the Principal
Immigration Officer, Entebbe International Airport, bearing his (the Applicant)
names as the prohibited immigrant. It is also uncontested that that same day,
at 3.00 pm, he was put on a Nairobi bound Kenya Airways flight and returned
to Kenya. The immigration authorities did not inform him, verbally or in writing,
why he had been denied entry as well as why he had been declared a
prohibited immigrant and subsequently returned to Kenya. The immigration
authorities maintain that they owed him no such duty, under the law.
6. The Applicant contends that these actions were violations of his legal rights
and Uganda’s obligations under the Treaty, the Protocol and The African
Charter on Human and Peoples’ Rights (hereinafter referred to as “the
Charter”), and has filed this Reference seeking redress.
The Applicant’s Case
7. In the Reference the Applicant alleges that on arrival at Entebbe International
Airport, he was denied entry into the country, restrained, confined and
detained at the immigration offices at the airport and subsequently deported to
Kenya.
8. The Applicant maintains that it was unlawful on the part of the Respondent not
to subject him to any legal or administrative process before the decisions of
declaration of status of prohibited immigrant, denial of entry and deportation
back to Kenya were taken. He contends that he had committed no immigration
REFERENCE NO.5 OF 2011
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