The High Court has quashed the deportation of a Ghanaian businessman over alleged land fraud and awarded him Sh2 million, ruling that immigration authorities acted unlawfully.
The court ruled that the government breached Erick Agbeko’s constitutional rights by deporting him without giving him prior notice or an opportunity to challenge the allegations against him.
The court quashed the decision declaring Mr Agbeko a prohibited immigrant, revoked the deportation order and directed the government to remove his name from the prohibited immigrants list. It also barred immigration authorities from preventing him from returning to or remaining in Kenya unless they follow due process and have lawful grounds.
Mr Agbeko, a Ghanaian national, had lived in Kenya for more than 22 years before his deportation in March 2026.
His advocates informed the court that he held a permanent residence certificate issued in December 2020, was married to a Kenyan citizen and had three children.
The businessman challenged a decision by the Interior Cabinet Secretary and immigration authorities to declare him a prohibited immigrant and deport him from the country over allegations that he was involved in land fraud activities.
State lawyers defended the action, saying intelligence reports shared with immigration authorities indicated that Mr Agbeko was involved in land fraud and that his activities were contrary to national interests.
The government argued that land fraud by a foreign national raised serious national security concerns and justified the declaration under the Kenya Citizenship and Immigration Act.
Authorities further maintained that Mr Agbeko had been informed of the allegations against him and should have pursued a review through the Prohibited Immigrants Committee before moving to court.
But the court found no evidence that he had been given a meaningful opportunity to respond to the allegations before the decision was made.
“The conduct of the Cabinet Secretary and the process culminating in the Petitioner’s removal from the country fall short of the constitutional demands of Articles 10 and 47,” the court said.
“The resulting decision is therefore constitutionally infirm and liable to be set aside,” it added.
The court held that the government’s powers to declare a foreign national a prohibited immigrant were not absolute and had to be exercised in line with constitutional safeguards, including the right to fair administrative action and a fair hearing.
In addition, the court said authorities relied on allegations contained in a confidential intelligence report but failed to demonstrate that Mr Agbeko had been notified of the claims, allowed to respond or informed of any right of appeal before his deportation.
The court noted that Mr Agbeko’s permanent residence status gave rise to a legitimate expectation that any attempt to revoke or interfere with those rights would be undertaken through a fair process.
The court also considered the impact of the deportation on his family, noting that he was married to a Kenyan citizen and had children living in the country.
In addition to awarding Sh2 million in compensation, the court issued orders protecting Mr Agbeko’s permanent residence certificate and preventing its cancellation except in accordance with the law.
While the court set aside the deportation, it did not determine whether the land fraud allegations against him were true or false, focusing instead on whether the process leading to his removal complied with constitutional and statutory requirements.
