Court asks sacked immigration staff to ignore letters

A court has asked 13 senior Immigration officers facing the sack over terrorism links to ignore notification letters from Interior Principal Secretary Mutea Iringo.

The immigration officers are alleged to have been involved in helping suspected terrorists secure Kenyan entry documents.

The letter from Mr Iringo required them to “show cause why they should not be retired on public interest.”

A judge said the staff lodged a petition against the move in court before Mr Iringo wrote the notification letters.

Lady Justice Maureen Onyango noted that after the officers obtained a restraint order, everything had been put on hold till the case is heard and determined.

RETIREMENT NOTICE

The retirement notice was presented in court Friday, as the government made a futile attempt to have a reversal of the order issued earlier in the week against the employees sacking.

It stated that “it had been established that you have been involved in activities of trafficking aliens of Somali origin at JKIA by assisting suspected criminals sneak the aliens out of the airport...”

It also stated that it was noted that on May 31 2012 “you were informed by the OCS Kenya Airport Police unit to ensure that a terrorist, one Mr Erdogan is arrested before departure” but the terrorist was cleared and boarded an aircraft before he was arrested moments later.

“Human trafficking and terrorism are criminal activities that endanger the national security of this country. This office therefore contemplates recommending your retirement from service in public interest.

“However, before this line of action of pursued you are called upon within seven days from the date of this letter to show cause why we should not proceed as anticipated, failure to which the case will be finalised without further reference to you,” Mr Iringo’s letter said.

Lawyer Peter King’ara appearing for the employees said the petitioners had received the letters, which he said may prejudice their case.

However, the presiding judge said they may ignore the letters as the matter was now a judicial issue.

“They do not have to respond, those letters are not binding as the matter is now before court for determination,” Lady Justice Maureen Onyango said.

MOVED TO COURT

The employees moved to court after Cabinet Secretary Ole Lenku announced they had been sacked following findings of a security audit of the September 21 Westgate mall terrorist attack.

Mr Lenku implicated the Immigration staff in the issuance of Kenya identity documents to illegal immigrants.

“Those sacked will be prosecuted,” Lenku warned.

“The petitioners are shocked and traumatised by the aforesaid announcement and the inclusion of their names in the list of those sacked,” the Mr King’ara said.

“At no time were they ever notified that they had been implicated in irregularities in the issuance of national identity cards and passports,” he said.

On Friday, the court extended an order for the staff to remain in office till the petition is heard on November 15.

The court also directed parties named as respondents to file their replying affidavits in preparation for the hearing.