Speaking on the Court Helicopter news channel, Omari noted that Burundi is a member of the East African Community (EAC), meaning Burundian citizens do not require a visa to enter Kenya. However, he clarified that visa-free entry does not automatically give them permission to work in the country.
According to the lawyer, foreign nationals working in Kenya must obtain the appropriate work permit or authorisation.
He argued that individuals engaged in hawking would face difficulty meeting the requirements for a work permit because the law requires justification for employing foreign nationals where there is local capacity to perform the job.
“Akanipa Pesa Baada ya Hapo” – TikTok Lady Narrates Shocking Encounter With Catholic Priest and Claims She Was Given Money. Watch the video here.
But Omari said this does not mean the government can simply round up Burundians and deport them immediately.
He pointed to Article 47 of the Constitution, which provides for fair administrative action. The lawyer explained that a person facing deportation should be informed of the allegations, given an opportunity to respond and provided with reasons for the decision.
So, who has the power to order deportation?
Omari explained that the authority rests with the Cabinet Secretary responsible for the Interior, rather than the President personally issuing an order to deport individuals without the required legal process.
He also referred to previous court decisions which, according to his explanation, have emphasised the importance of due process in immigration matters.
He pointed to Article 47 of the Constitution, which provides for fair administrative action. The lawyer explained that a person facing deportation should be informed of the allegations, given an opportunity to respond and provided with reasons for the decision.
So, who has the power to order deportation?
Omari explained that the authority rests with the Cabinet Secretary responsible for the Interior, rather than the President personally issuing an order to deport individuals without the required legal process.
He also referred to previous court decisions which, according to his explanation, have emphasised the importance of due process in immigration matters.
“Rent Lazima Itafutwe” –Curious Guest Secretly Records Woman During Hotel Moment as Netizens Question the Shocking Video. Watch the video.
The lawyer said authorities have another option where foreigners are found working without valid permits: they can be arrested and prosecuted under the Immigration Act. If convicted, a court can impose the applicable punishment and order deportation.
Alternatively, immigration authorities can issue a notice requiring the individual to explain why they should remain in Kenya before a deportation decision is made.
Omari further warned that mass deportations could have consequences for Kenyans living and working in other EAC countries, including Burundi.
His central message was that Kenya has the power to enforce its immigration laws, but that power must be exercised within the Constitution and established legal procedures.
Watch the video below(From min 3:50 - 4:05)
The lawyer said authorities have another option where foreigners are found working without valid permits: they can be arrested and prosecuted under the Immigration Act. If convicted, a court can impose the applicable punishment and order deportation.
Alternatively, immigration authorities can issue a notice requiring the individual to explain why they should remain in Kenya before a deportation decision is made.
Omari further warned that mass deportations could have consequences for Kenyans living and working in other EAC countries, including Burundi.
His central message was that Kenya has the power to enforce its immigration laws, but that power must be exercised within the Constitution and established legal procedures.
Watch the video below(From min 3:50 - 4:05)
Tags
News