David Ndii on Tuesday received a letter from Director of Immigration Services Gordon Kihalangwa, directing him to surrender his travel document to the immigration office at Nyayo House within 21 days, failure to which the document will be declared null and void.
Dr Ndii vowed not to surrender his passport to the immigration department, promising to challenge the decision in court in the next few days.
He accused the director of immigration of applying a non-existent law in suspending his passport.
National Super Alliance (Nasa) chief strategist David Ndii’s passport was on Wednesday suspended as the Jubilee administration intensified its crackdown on those who participated in the January 30 “swearing-in of opposition chief Raila Odinga as the “people’s president”.
Dr Ndii on Tuesday received a letter from Director of Immigration Services Gordon Kihalangwa, directing him to surrender his travel document to the immigration office at Nyayo House within 21 days, failure to which the document will be declared null and void.
Major General (Rtd) Kihalangwa said the suspension was done in line with the Citizen and Immigration Act 2011.
“Pursuant to Section 31 (1) (2) of the Kenyan citizenship and Immigration Act 2011, you are hereby notified that Passport Number C051258, which is in your possession remains suspended forthwith.
“Consequently, you are required to surrender the said passport number C051258 to the Director of Immigration Services at Nyayo House within 21 days of receipt of this notice. Failure to comply shall render the said passport null and void,” he said.
But Dr Ndii vowed not to surrender his passport to the immigration department, promising to challenge the decision in court in the next few days. He accused the director of immigration of applying a non-existent law in suspending his passport.
“I will not surrender my passport as directed by bwana Kihalangwa. Which law are they using to suspend my passport? This is pure witchhunt,” he said. Dr Ndii indicated that he has not committed any crime as alleged and that the government was simply intimidating Nasa members through blackmail and arrest.
The law that the immigration boss quoted, however, gives the government powers to withdraw one’s passport if a holder gives it out for use to someone else, is convicted of terrorism, money laundering, drug trafficking or any other international crimes.
Similar actions may also be issued if an arrest warrant has been imposed on a passport holder, or if the holder has been involved in document forgery, according to the Citizen and Immigration Act.
Dr Ndii insisted he has never been involved in any of the above acts and there is no warrant of arrest against him.
Media reports had indicated that Major Gen (Rtd) Kihalangwa had started writing letters to the affected opposition leaders such as Siaya Senator James Orengo, Nasa chief executive Norman Magaya, businessman Jimi Wanjigi, Mombasa governor Ali Hassan Joho among others to surrender their travel documents, in a wider plan targeting those who attended or facilitated the “oathing” of Mr Odinga last week.
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