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Nadeem Khan Shakoor, a Pakistani national and the founder of the Blue Heart International Organisation, is fighting deportation after the Kenyan Immigration Department refused to renew his work permit.
Has Pakistani national Nadeem Khan Shakoor been operating a non-profit organisation supporting victims of human trafficking, gender-based violence, and child abuse without a traceable office?
The Immigration Department claims there is no such building behind Fairdeal Towers in Kongowea, Mombasa, as stated by Mr Shakoor, the founder of Blue Heart International Organisation (BHIO).
These revelations surfaced in a court battle where he was challenging his removal from Kenya following the government’s refusal to renew his work permit, citing non-disclosure of critical information about the organisation's activities.
High court.
The High Court has declined to bar the government from removing him, arresting, or charging Mr Shakoor or restricting his movement. Justice John Chigiti also refused to overturn the decision of the Director of Immigration Services and the Ministry of Interior to deny the renewal of his Class I work permit.
“This court lacks jurisdiction to determine whether Mr Shakoor is entitled to the order of certiorari or not, given that the suit was filed well after the expiry of six months from the date the cause of action arose,” ruled Justice Chigiti on July 18.
The dispute stems from the immigration authority’s decision to reject Mr Shakoor’s application for work permit renewal. He filed the chamber summons in May 2024, seeking court declarations that the decisions by the Ministry of Interior and the Director of Immigration Services were arbitrary, unfair, and violated his constitutional rights to fair administrative action and family life.
He also wanted permission to quash the state’s decision placing him on the immigration watch list without any valid reason.
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The Pakistani national also contested the denial of his Class I work permit without any explanation or consideration of the supplementary documentation his organisation provided. He asked the court to compel the authorities to renew his permit and issue conservatory orders to prevent his removal from the county until the matter is fully resolved.
He is fighting deportation after the Kenyan Immigration Department refused to renew his work permit.
Mr Shakoor further requested the court to stay any state action restricting his permit extension.
Shakoor told the court he has lived in Kenya for 28 years with his family and founded BHIO to support victims of human trafficking, gender-based violence, and child abuse.
In May 2020, he obtained a Class I permit for charitable activities and applied for renewal. However, immigration authorities delayed processing it. In May 2023, he obtained a two-month visitor’s pass while awaiting the permit.
He said the Permit Determination Committee (PDC) asked for more information in June 2022, and BHIO representatives appeared before it on June 23, offering an executive summary of the organisation’s projects.
BHIO’s lawyers later submitted a detailed profile and recommendation letters, which Immigration never acknowledged.
On June 30, 2022, the Director General of Immigration Services demanded confidential data on victims the organisation had assisted in the past two years.
“The Committee’s request for sensitive details on human trafficking victims was an unjustified overreach that breached confidentiality and trust,” he said.
Mr Shakoor claimed this request breached victim confidentiality but stated that the matter was under executive review and scheduled a departmental visit to its office.
Despite this, the Director rejected the permit application on July 18, 2022. Mr Shakoor said the committee wrongly categorised BHIO’s work under law enforcement, a sector closed to foreigners, even though his position as trustee and coordinator had not changed.
“The committee erroneously asserted that the application pertained to the law enforcement sector, which is restricted to foreigners, notwithstanding that I sought renewal of my Class I permit as Trustee and Coordinator of BHIO without any change in position,” he said.
He termed the decision discriminatory and baseless.
He applied for a special pass on July 27, 2022, to challenge the permit denial, but the authorities rejected it in August, prompting him to seek legal redress. Mr Shakoor argued that after nearly three decades in Kenya, he had a legitimate expectation to continue his work.
“I collaborate with Kenyan authorities and international agencies like Interpol and I have received commendations for my work of assisting trafficking victims,” he said.
However, the state, through Ms Christine Kinyua, defended its decision. She told the court that Immigration Services had made repeated efforts to engage with BHIO, which were rebuffed.
According to her, the foreigner failed to attend two critical committee meetings in June 2022, citing illness on the second occasion. When granted another opportunity, he sent representatives who were neither BHIO employees nor executive members.
“These representatives presented business cards from unrelated organisations and seemed unaware of key details about BHIO, including its funding, registered office, and the salary situation, thereby misleading the Committee,” said Ms Kinyua.
She said the committee requested BHIO’s Memorandum of Understanding with stakeholders and a list of protected persons, and then planned a site visit to verify the organisation’s physical office.
“The Immigration Regional Director conducted a site visit to the location provided by Mr Shakoor’s representatives but could not find the four-story building at Kongowea behind Fairdeal Towers as claimed,” she said.
As a result, the committee concluded that the application lacked merit. It determined that BHIO’s work in trafficking, prosecution, and child protection fell within law enforcement, a restricted sector for foreigners. The government, therefore, upheld the permit denial upon considering the applicable laws.
