MHRF
STATEMENT ON DEPORTATION OF INFLUENTIAL MUSLIM SCHOLARS
MUSLIM
Human Rights Forum is deeply perturbed by an emerging trend where
Muslims preachers and especially those involved in proslytization
activities have been targeted for deportation.
Over the past few months Muslim scholars involved in the propagation
of Islam in the country have been subject of strict state surveillance
and those from foreign countries but legally living here targeted
for deportation. The latest victim of such action is Sheikh Mohammed
Yunus Kamoga who was arrested, detained for a week and deported
back to Uganda last week, in unclear circumstances. Sheikh Kamoga
had been legally living in Kenya for almost 30 years now where
his main activity has been propagation of Islam and teaching reverts
to Islam. He has not been involved in any other activity save
for this and we believe that this is the main reason for his deportation.
Not long ago, another scholar Sheikh Ibrahim Shariff Atass of
Al-Manaar Welfare Organization was also deported to the United
Kingdom. This is a young propagator who was born and brought up
in Kenya and had been legally living in the country with his Kenyan
family. His organization has been carrying out charity work to
deprived communities and assisting in the construction of Mosques
in various parts of the country. Prior to his deportation, Sheikh
Ibrahim had been questioned by security officers on why ‘they
have been going round the country putting up mosques’.
Today yet another leading scholar; Sheikh Mohammed Osman Egal,
who has previously been deported to the United Kingdom is facing
deportation since the government indicated that it would not renew
his Visa when it expires. Sheikh Osman heads the Al-Manaar Welfare
Organization and was first deported in 2007 for no apparent reason
before being returned to Kenya after President Kibaki personally
intervened following protests at the height of electioneering
last year. Kenyan-born Dr.Osman is also a member of the Muslim
top scholarly organ the Majlis Ullama –Kenya and the Vice-Chairman
of the (Nairobi) Jamia Mosque Committee’s Majlis Ullama
(Scholars Council) through which he has been actively involved
in the propagation of Islam in Kenya for close to 20 years.
The three are just a few examples of how the state is targeting
influential Muslim scholars in its purported campaign against
terrorism. As the Muslim community, we cannot help but wonder,
is the propagation of Islam now illegal in Kenya? What happened
to the freedom of worship guaranteed in our constitution? Are
foreign nationals banned from exercising their freedoms of expression,
association, and worship once in Kenya? Isn’t it now manifest
that the so called war on terror is a war against the advance
of Islam?
The Muslim community is also of the view that the deportations
for whatever reason are discriminative against their faith. This
is because several propagators of other faiths have been allowed
into the country without any problem or preconditions. The latest
being the case of the Church of Christ for Later Day Saints, where
indeed the Minister for Immigration Mr. Otieno Kajwang’
intervened to have them get Visas.
The government should come out clearly and explain to the Muslim
community and indeed all Kenyans reasons for this worrying clampdown
on the propagation of Islam and the deportation of the scholars,
or else Muslims will regard it a discriminative campaign by the
state against our faith that must be resisted by all means. Our
belief is buttressed by the fact that some of those affected are
deported to countries with tougher anti-terrorism laws than Kenya
where they lead normal lives as free people despite the libellous
claims by Kenyan authorities that they were linked to terrorism.
As Muslim organizations, we are calling for an immediate halt
to such acts and are demanding that the state upholds and protects
the freedom of worship as guaranteed in our constitution.
Muslims are also concerned with the manner in which the state
is increasingly over sensitive to the wishes of the Somali Transitional
Federal Government. The government seems to be on the beck and
call of the Somali TFG, in that whatever the ruling elite in that
government says is obeyed and executed by the Kenyan government
without question. Such requests include the deportation or removal
from Kenya of people believed to be opposed to the TFG. This has
greatly led to the interference with Somali nationals legally
residing in the country and their Kenyan business associates who
find themselves targeted by among other agencies the Anti-Terrorism
Police Unit and the immigration Department.
Infact the campaign has led to yet another new trend where rogue
police and immigration officials are targeting Muslim businessmen
for extortion on threats of arrest, detention and rendition. Through
this, others have lost their property to Anti-Terrorism Police
Unit officers who seize it in their operations never to return
it. We are wondering whether ATPU officers have legal powers to
seize property of purported terrorists. Indeed seizure and forfeiture
without judicial oversight were some of the provisions of the
rejected Suppression of Terrorism bill, which are now being enforced
through the backdoor.
AL-AMIN KIMATHI
CHAIR/EXECUTIVE COORDINATOR
MUSLIM HUMAN RIGHTS FORUM
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