Court dismisses petition to deport Turkish Tycoon
A Turkish national can breathe a sigh of relief after a petition by three human rights activists seeking to have him deported over allegations of committing various criminal offences was dismissed.
Justice John Mativo said the petition by activists Ms Millicent Odhiambo, Joseph Kipsang and John Onunga against Mr Osman Elsek offends the Privileges and Immunities Act and lacked legal basis.
“I therefore dismiss the petition for non-attendance, being frivolous and lacking merit,” said Justice Mativo of the High Court in Mombasa.
Justice Mativo dismissed the case when it had come up for hearing noting that the petitioners were not in court to prosecute the petition and that he had also considered grounds in opposition to the case.
The activists claimed that unless Mr Elsek was prosecuted and deported, victims of the alleged criminal offences will never get justice.
They had filed petition against Mr Elsek, the Attorney General, Director of Public Prosecutions, Ministry of Interior, chairperson of National Assembly Committee on Administration of and National Security and the Republic of Turkey.
According to the petitioners, the victims of the alleged criminal offences were suffering and need justice to be done.
The petitioners claimed that AG, DPP and the Ministry of Interior had failed to respond to the victims’ various demands for Mr Elsek to be deported.
The activists alleged that Mr Elsek seemed to compromise officials within the criminal justice system and got away with the crimes.
“Even when he is arrested and charged, apart from corrupting his ways through the justice system, he also thrives in intimidation and threats to witnesses thus many fear testifying against him,” part of the suit documents stated.
In his submissions filed in court, Mr Elsek who had urged the court to dismiss the petition said he has been a victim of numerous extortions attempts by many people.
Mr Elsek said he is a law abiding Turkish national, lawfully present in the country where he has been a resident since 2009 engaging in many investments and an employer to many people.
According to Mr Elsek, the petitioners allege and have enumerated various criminal and civil cases where he has either been sued or is a party but had not attached any evidence of a conviction or judgment to demonstrate his culpability.
The DPP argued the petitioners had not followed due process of the law to have Mr Eslek deported thus the petition lacked merit and ought to be dismissed.
On his part, the AG submitted that the case was bad in law and ought to be dismissed with costs.
The petitioners had further claimed that Mr Elsek seemed to be enjoying patronage of powerful individuals in the country thus the reason for committing the alleged crimes against young girls.
“The failure to arrest, charge and prosecute successfully Mr Elsek is not only contrary to the law but also an affront to the constitution and the rights of the complainants,” argued the petitioners.
The activists also claimed that the lack of transparency in the AG, DPP and the Ministry of Interior in their responsibilities to obey the constitution are at odds of the victims’ rights to reasonable, lawful, and procedural fair action.
According to the petitioners, by failing to deport Mr Elsek, the AG, DPP and the Ministry of Interior had denied the victims the protection and benefit of the law.
They were also seeking a declaration that AG, DPP and the Ministry of Interior had violated the rights of victims of Mr Elsek’s actions.
The petitioners also wanted the DPP compelled to expeditiously handle criminal cases facing Mr Elsek. BY DAILY NATION
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