Fees waived for woman in suit against State
PHOTO | FILE Ms Agnes Galawu Nemakonde during an interview at the Nation Centre on March 8, 2012.
A woman who camped at the Jomo Kenyatta International Airport for several days before she was taken to jail has been allowed to sue the state for free.
Mr Justice David Majanja on Wednesday certified the case by Ms Agnes Nemakonde Galawu, who is challenging a six-month jail term imposed on her by the Immigration minister, as urgent.
She wants to be released on less restrictive non-custodial terms or on a temporary pass, pending the determination of her status.
Justice Majanja directed lawyer John Chigiti representing Ms Galawu, 43, to file the main case free of charge. She is in detention at Lang’ata Women’s Prison.
Ms Galawu, who claims to be a citizen of Zimbabwe, was arrested on April 10 and taken to the prison under the Immigration minister’s directive after spending several days at the airport.
She now wants the directive reviewed, saying it was unfair.
Lawyer Chigiti told the court that Ms Galawu is a destitute in a foreign land and her rights under the Constitution and The Kenyan Citizens and Immigrations Act have been violated.
“The petitioner was not given reasons for the imprisonment and she was not given a chance to be heard before the directive was issued,” said Mr Chigiti.
The case will be heard on May 14. (READ: Pain of life without citizenship)
