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Court Okays Awadh's Deportation to Kenya

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Through his lawyer, Evans Ochieng, Awadh objected to the deportation orders, saying he is Ugandan. He argued that he is a biological son to the late Omar Awadh, an Arab of Kenyan origin and Fatuma Said Abdallah, a munyankore by tribe and Ugandan by nationality.
Omar Awadh Omar smiling at the court premises shortly before the court session

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The International Crimes Division of High Court has okayed the deportation of Omar Awadh Omar to Kenya. This follows a ruling by Justice Margaret Oumo Oguli on an application filed by Awadh challenging his deportation orders.

Awadh is one of the 2010 Kampala twin bombing suspects. He ran to court last month after the Internal Affairs Minister; Gen. Jeje Odongo ordered his deportation together with Yahaya Mbuthia Suleiman and Muhammad Hamid Suleiman after the Director of Public Prosecution withdrew terror charges against them.

Through his lawyer, Evans Ochieng, Awadh objected to the deportation orders, saying he is Ugandan. He argued that he is a biological son to the late Omar Awadh, an Arab of Kenyan origin and Fatuma Said Abdallah, a munyankore by tribe and Ugandan by nationality.

He also argued that despite having lived in in Kenyan with his late father and step mothers and assumed Kenyan citizenship, his biological mother lives in Uganda and has a permanent residence where she stays with his siblings. Awadh told court that his father died on February 24, 2011 in Kenya when he was locked up in Luzira Prison and that the only contact he has is his biological mother who lives in Uganda.

He accused the Ugandan government of denying him a fair hearing or considering the said grounds before issuing the deportation orders. However, the Attorney General through Harriet Nalukenge, a Senior State Attorney opposed Awadh's application, saying there is no documentary proof showing that Fatuma who alleges to be Ugandan and Munyankore by tribe is the biological mother of Awadh.

She also said Fatuma had failed to show court any documents such as immunization cards or photographs to prove that she is the biological mother of the applicant. Nalukenge also noted that Awadh possesses Kenyan citizenship because he has a Kenyan Passport. 

This afternoon, Justice Margaret Oumo Oguli ordered the immediate deportation of the applicant. Quoting the Kenyan Constitution, Oguli said that all Kenyans are required to have passports of, which Awadh did.  She however, quashed orders by the Internal Affairs Minister, saying Awadh should stay away from Uganda forever.

Justice Oguli said Awadh can visit Uganda after every three years with permission from the Internal Affairs Ministry since he has relatives here. By the time of filing story Awadh was in the hands of Immigration authorities at the International Crimes Division of High Court.

Awadh's mother, Fatuma Said Abdallah couldn't hold back her tears following the court ruling. Fatuma told URN that she has gone through a lot of suffering and thought court would quash the deportation orders to allow her share good moments with his son.

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