HIGH court in Mombasa has been urged to recant the deportation of a Kenyan citizen of German origin was issued by Interior CS Joseph Nkaiserry.
The family of naturalized Kenyan national Diether Rolf who was arrested on March 29 and deported to Germany has challenged his deportation through the court.
Through lawyer William Mogaka, the family accused state security of illegally carrying out the deportation and subjecting the family to torture.
No official documents were presented during the night operation where plain clothes officers in four unmarked vehicles raided his residence and took him away, Mogaka told the court on Friday.
Documents presented in court indicate more than 20 officers carried out the operation.
Rolf was held at Railways police station for a night.
The lawyers said there was no arrest warrant
or a letter from Interior CS Nkaiserry declaring him a prohibited immigrant.
Mogaka told the court Rolf's three children have been left vulnerable after their father was deported.
“This petition is brought on behalf of the children. The parent is the breadwinner. Any directions and step you take should be on the interest of the children,” Mogaka said.
“This court has constitutional powers through article 53 (1) and (2) to protect the welfare of children. We urge you to allow the return of the applicant in the interest of the children,”said Mogaka.
The court heard Rolf was naturalised in 2012 after living in the country for 25 years and marrying a Kenyan woman. He held a Kenyan passport and ID.
Mogaka said the applicant constitutional right to move in and out of the country was violated following the orders branding him a prohibited immigrant.
The family members who were presented in court said they had suffered psychological torture following the deportation of their father.
“The applicant is ready to face the DPP if they have any charges against him,” said Mogaka.
He said none of the state agencies including the office of the DPP, the AG and the CID have filed their replying affidavit despite a High court directive that gave them 21 days to do so.
Justice Muya said he will issue a ruling on Wednesday.
