Court blocks deportation of Cameroonian linked to fake gold

The High Court has blocked an attempt by the State to deport a Cameroonian businessman who police claimed was engaging in a fake gold nuggets and fake US currency syndicate.

Eric Tchunouneneu Ouafo, who runs business under an incorporated company known as Dynasty Logistics Limited, was to be deported in January 2018 alongside a group of other foreigners after being arrested by police in an office situated at Tebere Crescent, Nairobi.

Aggrieved by this decision, Mr Ouafo's advocates rushed to court seeking an order to restrain the Immigration Directorate from deporting him. They obtained an interim order pending the hearing and determination of the application.

In their application, they said the Cameroonian was not guilty of any crime and was unfairly lumped with other individuals suspected of criminal dealings. He described himself as a law abiding person who is legally in Kenya conducting legitimate business, married to a Kenyan and has a child who is Kenyan.

While ruling on the application, Justice Luka Kimaru yesterday said there is no evidence of Mr Ouafo’s involvement in crime or the very least that he was aware that the persons he was arrested in their company were indeed criminal suspects.

"The hallmark of any criminal justice system is the determination of the criminal culpability of an individual and not a group of persons. In the present application, it was clear to this court that the decision to deport Mr Ouafo was made on the basis of group guilt which concept is unknown in the Kenyan criminal justice system,"Justice Kimaru said.

He said police the police failed to present evidence against the Cameroonian, either documentary or in form of a witness statement indicating the particulars of the criminal activity that he was involved in.