Italian President for Agriculture, Alberto Marchesi has sue Interior CS Fred Matiang’i, Immigration officer in charge of Moi International Airport, the Director of Immigration and Registration of Persons and Tourism CS Najib Balala for alleged illegal arrest resulting in his deportation.
Mr Marchesi in court documents says that he arrived in Kenya on October 29 to deliver medicine for his uncle, Italo Ceccagnoti who suffered a stroke in 2017 and dependent on the drugs for survival.
“Mr Ceccagnoti suffered a stroke and was paralysed, thus I started coming to Kenya on a monthly basis to bring him medicine and take care of him,” said Marchesi.
According to the Italian, his uncle who has lived in Kenya for close to 25 years bequeathed his wealth to him. This, he suspects was the reason for his detention.
Through the Commission for Human Rights and Justice, Mr Marchesi has argued that he has been to Kenya since 1995 and has never been arrested or engaged in illegal activities.
“During my many visits and stay in the country, I have not engaged in any unlawful and illegal business. I am a law-abiding visitor and I have not contravened any laws and regulations,” he says.
After alighting, the Italian President for agriculture explained that he was arrested, interrogated for hours on his visit and and later informed that he would be arraigned in court.
He was not given a chance to defend himself, instead he was deported without a valid reason.
“I was told I would be taken to court but this did not happen. I was moved from one immigration office to another and later taken back to the airport, where I was locked up again in cells and after two hours I was deported,” he said.
He added, “Actions of omission and commission by the immigration officers at MIA were unlawful, unlawful and derogation of human rights and freedoms as encapsulated in Kenyan laws and other international charters on human rights and freedoms. I have never been charged with any known offence either under the Kenyan or Italian law.”
The Italian wants the court to issue an order issued allowing back into the country with a valid Visa.
But according to the Investigating officer Kipkoech Sang, Mr Marchesi had been placed on the “watchlist”.
“Mr Marchesi was flagged for being an undesirable immigrant. Following his failure to answer questions on his activities in the country, he was denied entry into the country,” Sang said.
The officer also dispelled claims that the foreigner was arrested, deported or threatened.
He also noted that the foreigner does not hold a resident or work permit.