State Opposes Awadh's Application Challenging Deportation Orders Top story

3546 Views Kampala, Uganda

In short
Fatuma says they have now fully settled in Uganda and currently reside at Kajjansi in Wakiso District where her late husband and sons built a home.

The Attorney General has opposed an application by Omar Awadh Omar challenging his deportation orders to Kenya. Awadh is one of the acquitted 2010 Kampala twin bombing suspects.
Last month, Internal Affairs Minister, Gen. Jeje Odongo issued deportation orders against Awadh together with Yahaya Mbuthia Suleiman and Muhammad Hamid Suleiman after the Director of Public Prosecution withdrew terror charges against them.
However, Awadh objected to the deportation orders through his lawyer, Evans Ochieng, saying he is Ugandan.  In his application, Awadh noted 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.

Awadh argued that despite the fact that he lived in Kenyan with his late father and step mothers and assumed Kenyan citizenship, his biological mother has at all times lived in Uganda and has a permanent residence where she stays with his siblings.

He explained 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. Awadh accused the Ugandan government of denying him a fair hearing or consider the said grounds before issuing the deportation orders. 

His application is supported by the affidavit of his mother, Fatuma Said Abdallah. Fatuma claims that she fled Uganda together with Awadh and his father in 1973 and settled in Mombasa, Kenya.

She explains that in 2002, they decided to return to Uganda and settled in Kawuku, along Entebbe Road, although four children including the applicant remained in Kenya. 

"However my husband passed away in Kenya on February 24, 2011, while the Applicant was in prison and I didn't bury him because I was also being held in Kireka over the same wild allegations. My son was acquitted of by Justice Owiny Dollo", reads the affidavit in part.

Fatuma says they have now fully settled in Uganda and currently reside at Kajjansi in Wakiso District where her late husband and sons built a home. Awadh was also building his house before he arrested in relation to the 2010 Kampala twin bombings, which claimed more than 70 people and left several others nursing injuries.

However, the Attorney General through Harriet Nalukenge, a Senior State Attorney has opposed Awadh's application. Nalukenge told the International Crimes Division of High Court on Monday that there is no documentary proof showing that Fatuma who alleges to be Ugandan and Munyankole by tribe is the biological mother of Awadh.

She said Fatuma doesn't show court any documents such as immunization cards or photographs to prove that she is his real mother of the applicant. Nalukenge also told court that Omar possesses Kenyan citizenship because he has a Kenyan Passport. 

However, Justice Margaret Oumo Oguli reminded Nalukenge that the matter before court is not criminal in nature where proof should be necessary. But Nalukenge insisted that even in civil matters, one has to furnish court with the necessary evidence so as to erase doubt of what is being claimed.

She was supported by Ronald Obel, the Commissioner of Oaths from Attorney General's Chambers who asked court to dismiss Awadh's application, saying it lacks merits.

Obel also told court that there is no showing that Awadhi has applied for Ugandan Citizenship nor denounced his Kenyan Citizenship. Justice Oundo adjourned court to October 10th, 2018 to deliver her ruling