On, the State produced a letter in court showing Mr Edman Scott (a.k.a.Scott James Edman) (pictured) is to leave the country on Saturday.
Immigration Authorities at Jomo Kenyatta International Airport arrested him in 2003 for allegedly being in the country illegally.
The State is expected to foot his travel costs following orders issued by the High Court a few months ago.
In the letter addressed to Australian High Commissioner in Kenya, Mr Josiah Musili for the director of Immigration stated Scott is to leave Nairobi via Dubai and Brisbane before landing in Papua New Guinea, where he was born.
Justice Mohammed Warsame ordered the case be mentioned on August 16 to ascertain whether the 37-year-old is still in Kenya.
The High Court directed the Immigration Department to issue Scott with a certificate of identification to facilitate his travel after The Standard published his story in March.
“It is time the courts scrutinised continuously the powers exercised by the Executive, especially the Immigration and police departments, to ensure personal liabilities and freedoms are not eroded,” the court ruled in April.
Justice Warsame took issue with then Immigration Minister Linah Kilimo, who issued an order on July 15, 2005 that led to the mans detention.
The court said she might not have been aware of the significance of her signature and the ramification it would have on the personal rights of the subject, which are guaranteed by the Constitution.
The judge said the ministers action was a gross violation of Scotts rights. Warsame said: “The action of the minister to order the detention without restriction or safeguards is a manifestation of abuse of power by Executive without blinking an eye”.
He added prison facilities were meant to take into custody persons who have committed or are convicted of various criminal offences.
The judge declined to accept the view the subject was a stateless person who was unable to disclose his country of origin to Immigration officials.
Scott was first arrested on April 2, 1996, and charged with being in the country illegally and holding a forged Australian passport.
The StandardPost published in: Politics