NAIROBI,Kenya Sep 29 – The High Court in Nairobi has ordered the immediate release and return of a Kenyan passport belonging to East African Legislative Assembly (EALA) Member of Parliament Abdirahman Bashir Shariff, who claims he was denied entry into Kenya and sent back to Somalia after arriving at Jomo Kenyatta International Airport (JKIA).Justice Mburu directed the respondents to release and return Shariff’s Kenyan passport, number CK114667, to him or his advocates within 24 hours of being served with the order.The order was issued in Petition No. HCCHRPET/E630/2026, pending the inter partes hearing and determination of Shariff’s application.The court order states that the respondents must “forthwith and in any event within twenty-four (24) hours of service” release and return the passport, which was issued on January 16, 2023 and expires on January 15, 2033.Shariff, through lawyer Ceceil Miller, has petitioned the court, arguing that he is a Kenyan citizen by birth and that the State had no legal authority to prevent him from returning to the country.“This matter concerns a proposition which ought never to have required the intervention of a court: that the Republic of Kenya may not shut its own citizen out of his own country,” the petition states.According to Shariff, he arrived at JKIA from Mogadishu on August 14, 2026, but was subjected to extensive questioning by immigration officials over his Somali citizenship.He alleges that immigration officers removed him from the immigration hall and detained him after questioning his nationality.Shariff claims the officials initially told him that he was not Kenyan and had obtained his Kenyan passport unlawfully.He says the explanation later changed, with officials allegedly accusing him of failing to declare his dual citizenship.The EALA MP maintains that he demonstrated that his declaration of dual citizenship had already been captured in the immigration system. However, he alleges that the officers insisted on being provided with a hard copy of the declaration.He claims his passport was subsequently seized and that he was prevented from proceeding through immigration before being placed on a flight back to Mogadishu.“The said officers refused the Petitioner leave to pass the immigration barrier and denied him entry into the Republic of Kenya,” the petition states.Shariff further alleges that he was not given a written decision explaining his detention, refusal of entry, removal from the country or seizure of his passport.“The Petitioner was afforded no prior notice, no hearing, no opportunity to respond to the allegation made against him,” the petition says.The case has raised questions over the rights of Kenyan citizens who also hold citizenship of another country.Shariff has invoked Article 16 of the Constitution, which provides that a citizen by birth does not lose Kenyan citizenship by acquiring citizenship of another country.He has also relied on Article 39(3), which guarantees every citizen the right to enter, remain in and reside anywhere in Kenya.The petition argues that the alleged removal from Kenya amounted to what Shariff describes as “constructive deportation” and asks the court to declare the action unconstitutional.Shariff is also seeking damages, arguing that the alleged actions have caused him financial losses, separation from his family and other prejudice.He says his Kenyan passport also contains a valid United States visa, which he requires to travel to the US to visit family.“The value of the said visa continues to waste with each passing day,” the petition states.The High Court has, however, not made a final determination on Shariff’s allegations or the substantive constitutional issues raised in the petition.Justice Mburu directed the respondents to file their responses to the application and petition within seven days. Shariff will thereafter have an opportunity to file a rejoinder and written submissions, followed by submissions from the respondents.The matter will return to court on October 14, 2026, for confirmation of compliance and further directions.