77 in visa row petition US Govt
77 in visa row petition US Govt
By John Osoro
Seventy seven Kenyans arrested at the United States of America Embassy in Nairobi last week, have now petitioned the US Government to withdraw the claims raised against them and immediately commence the processing of their entry visas.
The applicants also want the US Embassy to return all documents confiscated from them by the security officials, saying that the action taken against them was irregular and undermined their constitutional rights.
Complaints raised by the group against the embassy and the Kenya Police include being unlawfully held in custody incommunicado.
The applicants, through lawyer Harun Ndubi, argue that an illegal act was meted on them by the Kenya Police through the instructions of the US Embassy, who ordered them remanded in police cells.
They say that the embassy should now halt the intended investigation against them, saying that the alleged offence was malicious.
They said the underlying requirement that they should not have changed marital status before entering into the US is tantamount to trafficking in persons for inter alia sexual exploitation, since they would be only exposed to persons residing in the United States only.
“The investigation into the validity and custom of the marriage of the applicants is unreasonable, oppressive and racist,” they said in the letter. They termed the probe as unconstitutional, saying it was based on a vague criteria unacceptable in law.
The applicants had on diverse dates filed applications for entry visas to the US in which some of them obtained long-term residence permits through Green Cards.
They forwarded all the documents to the government of the US to enable it conduct any necessary security and other checks in order to satisfy itself that the proper persons entered its territory.
The applicants were invited to the US Embassy in Nairobi for final interview on June 2, and upon entry to the premise, they had their documents, cells phones and other personal effects confiscated before being placed under arrest and handed over to the Kenya police.
They said that they were held incommunicado in various police stations without being told the reason for their detention in the stations, some which have the most squalid conditions.
Ndubi said that one of applicants who was detained at Kasarani Police Station was an expectant mother who was due to deliver any time. She was forced to sleep on the cold concrete floor for four days.
All the applicants were unconditionally released on Monday June 5 and told the US government questioned the validity of their respective marriages.
They have copied their petition to the Attorney General and the lawyers representing them.