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{
    "id": 1443736,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1443736/?format=api",
    "text_counter": 122,
    "type": "speech",
    "speaker_name": "Hon. Musalia Mudavadi",
    "speaker_title": "The Prime Cabinet Secretary and Cabinet Secretary for Foreign and Diaspora Affairs",
    "speaker": {
        "id": 84,
        "legal_name": "Wycliffe Musalia Mudavadi",
        "slug": "musalia-mudavadi"
    },
    "content": "(b) The right to communicate with the arrested person and vice versa and that of the arrested national to communicate with officials of the sending states. In this case, our mission staff. (c) The right to visit the national of the sending state, if in custody or detention, to arrange for legal representation. (d) The right to respect the wish of the arrested national, including not to take any action expressly or on behalf of the national. However, these rights can only be exercised in conformity with the laws and regulations of the receiving state. I also wish to state that the Kenya Citizenship and Immigration Act of 2011, Cap 170 of the Laws of Kenya, provides for issuance of emergency travel documents for Kenyans facing deportation and sets out conditions when someone can be denied entry. Madam Temporary Speaker, I would like to point out that so far, Kenya has entered into an agreement with South Africa regarding the return of nationals refused entry and illegal entrance, which was signed on 23rd November, 2022. Under this agreement, it is the responsibility of each country to verify the nationality of the deportees and, where necessary, grant them necessary travel documents. The agreement is, however, subject to the respective domestic laws and international instruments, including the 1969 OAU Convention Governing the Specific Aspects of Refugee Problems in Africa. With regard to protocols re-admitting deportees, the Citizenship and Immigration Act sets out the criteria or protocol for admission of such persons into the country. This includes the issuance of travel documents, verification of identity, confirmation of citizenship and right of entry and residence, among others. To this end, immigration officers along the points of entry and exit usually confirm that the person being returned is a Kenyan national before admitting him or her into the country. With regard to the second part of the Question requesting that I provide a list of Kenyans deported back to the country since 2010, stating reasons for each case where deportees were refused, I would like to state as follows: The State Department of Immigration and Citizen Services has informed that the following number of Kenyans were returned on various grounds since 2022. We were not able to get information dating back to 2010, hence, we will present what we got. Hopefully, we will get the rest later. Madam Temporary Speaker, in 2022, there were 186 deportees; in 2023, there were 378; and in 2024, there are 166, so a total of 730 deportees are on record since 2022 to date. We wish to state that we will need guidance because as much as they are deportees, they have their rights. So, to what extent can we disclose the reasons of each individual without breaching certain rights of these particular individuals? Maybe with the guidance of the Chair, that is another area that one can seek guidance on, but we have given the data of those who were deported. The third aspect is how the Ministry of Foreign Affairs handles complaints and reports of human rights. In this regard, I wish to state that Kenya recognizes the sovereign right of any nation over their territory and in managing their internal affairs, The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
}