Bernice Mbugua @BerniceMuhindi
A Nairobi court Friday declined to issue orders compelling Interior Cabinet secretary Fred Matiang’i and his Sports counterpart Rashid Echesa to pay Sh9 million in damages to the eight Pakistani women, who were deported last Saturday for alleged violation of the terms of their temporary passes.
Senior principal magistrate Kennedy Cheruiyot declined to issue the orders, saying they should be sought at the High Court.
The deportees’ lawyer Evans Ondieki had on Tuesday sought the orders compelling the two CSs to pay the damages for “obtaining money from the women by false pretenses”.
Ondieki had argued that the women’s arrest, four days detention and deportation was a violation of their rights. He sought to have them compensated and those responsible punished.
Before the women were deported, the police had sought five days to detain them to conclude investigations into circumstances under which they came into the country.
The matter was scheduled for mention this month but the women and a man, Satendra Kumar, suspected of smuggling them, were deported before the mention date.
The magistrate said it was wrong for the Directorate of Criminal Investigations (DCI) to hand over the suspects to the immigration department without the authority of the court that granted them custodial orders.
He, however, pardoned the junior DCI officers Samuel Ngunjiri and Stephen Kosgey of Transnational Organised Crimes Unit, who he said might have acted on orders from above.