A DIRECTOR of Dayow Beef Company Limited has dragged Home Affairs Minister Stephen Kampyongo and the Attorney General to the Lusaka High Court, seeking a declaration that the purported warrant of deportation that was issued against him is unlawful and constitutes an abuse of power.
Adanker Edin Dayow, a Kenyan national, has also asked the Lusaka High Court to grant him permission to come back to Zambia to continue to live and provide for his family as well as run the businesses that he spent his life’s savings and investment on.
He is seeking a declaration that the purported warrant of deportation issued by Kampyongo as an agent of the State represented herein by the Attorney General was unlawful and constitutes an abuse of power.
Dayow further wants the deportation order to be declared null and void and that he be allowed to return to Zambia and a declaration that all proceedings on the decision of the Minister of Home Affairs be stayed until the determination of his application for judicial review.
He also wants to be awarded special and general damages as well as costs.
According to his affidavit in support of application for leave to apply for judicial review filed in the Lusaka High Court, July 22, 2020, Dayow stated that he was deported from Zambia in March, 2016, by Kampyongo’s agents when he was in possession of a valid residence permit.
He explained that he had been living in Zambia since 2012 when he came as a self-employed director of Dayow Beef Company Limited, a private company with branches in Ndola, Kitwe, Mufulira, Kasumbalesa, Senanga, Zimba, Choma and Mbala, all situated on the Copperbelt, Western, Luapula, and Southern provinces in Zambia, respectively, employing 120 Zambian citizens.
Dayow stated that he had applied for a resident permit, which was granted to him on January 23, 2012.
He stated that he was at the time of his deportation without a criminal record, adding his deportation came with a sense of shock.
Dayow stated that he was traumatised and feared for his life and that of his family.
“The applicant (Dayow) was informed that the first respondent (Kampyongo) had made a decision to revoke his residence permit and deport him. The applicant insisted to be told the reasons for his deportation and was told that the grounds for deportation by the Immigration Department on behalf of the first respondent were that he was under investigations by the Kenyan authorities on allegations that he was harbouring terrorists, allegations that he denied. And no such terrorists were found, even at the time of the search and subsequent arrest,” he stated.
Dayow stated that he denied involvement in the alleged offence, notwithstanding, Kampyongo ordered for his deportation to Kenya in March, 2016.
He stated that he appeared before the Magistrates’ Court in Nairobi, Kenya, on March 14, 2016, and was on June 3, 2016, acquitted as there was no evidence to support the charges that alleged that he had aided the escape of terrorists while in Zambia.
Dayow stated that he believed his deportation was unfair, cruel and unjust at the expense of his wife and the six children, who have been left in limbo and disturbed.
He added that his investment in Dayow Beef Company had suffered as he was not given an opportunity to even do proper handovers of the management of the company that has 120 employees in different locations in Zambia.