A Kenyan businesswoman has failed in a bid to help her Cameroonian business partner-cum-husband return to Kenya after the government blocked him at the airport for having two contradictory passports.
Diana Waceke Wainaina wanted the High Court to compel the government to delete the tag of a “prohibited immigrant” placed against her husband, Serge Louodom, and allow him to return to Kenya so as to save the family’s hospitality business and her marriage.
She said the man is a legitimate businessman in the hospitality and supplies industries and a shareholder and director of Gilliana International Limited jointly with her.
But the court dismissed her petition on grounds that the credibility of Mr Louodom is questionable.
He was blocked at the Jomo Kenyatta International Airport (JKIA) in December 2017, leading to the legal action instituted by his wife in an attempt to have him return to Nairobi.
Evidence tabled in court by the Immigration department showed that he holds two contradictory passports; one from the Democratic Republic of Congo and the other from the Republic of Cameroon.
"This is evident in Ms Waceke’s documents as the information given by the husband in his KRA Certificate shows that his place of birth was Congo and not Cameroon as shown in the passport, also produced by Ms Waceke," said Judge James Makau.
Ms Waceke informed the court that Mr Louodom moved to Kenya 14 years ago from his country of origin, Cameroon, and that they married under Kikuyu customary law and have two children.
She said the government's actions separated the businessman from his wife and children without a justification.
However, the court ruled that the Immigration department is mandated under the Act with the duties of enforcement and ensuring compliance with the Kenyan immigration laws. The judge said denial of the businessman entry to Kenya was on the ground of national interest.
The court also found that the man had not renewed his work permit since 2015 when the permit expired.
"From the pleadings it is clear that he had been residing in Kenya and as clearly admitted by the Petitioner, he had been engaging in employment despite not having a valid work or resident permit," said the judge.
