It is not illegal for Kenyans to travel to Somalia,High Court rules


You can now travel to Somalia without worry of being arrested for not going through a designated entry and exit point. 

Kenyans can now back their reason for travel on a judgment by the court that it is not an offence to ignore the immigration officer as internal security minister Joseph Nkaiserry has not gazzeted the horn of Africa nation as a terrorism country.

The National Assembly passed Prevention of Terrorism Act in 2012 and the State has been using that law to arrest people on presumption that they are leaving the country into Somalia for training by the al-Shabaab.

When those arrested are arraigned before a Magistrates Court, they receive 10 years jail term.

The Government has suffered a major blow in its bid to control travel to Somalia through the boarder point as High Court Judge George Dulu said it was wrong to arrest individuals as the prevention of terror law does not create an offence termed as ‘traveling to a terrorist designated country’ without going through a designated immigration exit point. “I still hold that the above is the position.

The Cabinet Secretary has to designate Somalia as a terrorist country before such an offence can arise.

The prosecution has neither referred to nor produced a copy of the Notice in the Kenya Gazette published by the Cabinet Secretary designating Somalia to be a terrorist country,” ruled judge Dulu. “Therefore in my view, the charge sheet is defective as it does not disclose an offence known in law.”


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