A 44 year old Kenyan mother of two has been deported to Kenya from Norway after her Permanent Residence Permit (PUT) was cancelled by the Norwegian authorities. Jane Atieno, who has been residing in Norway since 2002, was deported by the Norwegian Immigration police without her belongings which remained behind with a friend.
Jane was taken into custody from her hide-out in Oslo as her case also played out in a Norwegian court. According to details of the case, Jane’s Residence Permit was withdrawn because the Norwegian Immigration authorities discovered that the divorce certificate she presented to authenticate her separation from her Kenyan husband back in Kenya was allegedly fake. The consequence was that she was still technically “married to her former Kenyan husband” and therefore, she could not remarry in Norway. She left Kenya for Norway to look for greener pastures after her marriage (which resulted in two children) collapsed.
When she arrived in Norway (to join her sister who lives in Oslo) in late 2002, she met her Norwegian boyfriend and as their relationship continued to thrive, the couple tied the knot. In November 2003, the couple had a baby boy and in October 2006, the family expanded with the birth of a bouncing baby girl. It was after the birth of Jane’s daughter that the Norwegian authorities informed her that the divorce certificate she presented during her application for a Residence Permit was not genuine, prompting the case to be moved to court.
In October 2005, the case was decided against her favour and Jane was served with a deportation order. With the help of her husband, the Kenyan woman appealed against the decision arguing that she was unaware that the divorce certificate she obtained from Kenya was fake. According to her, the document was issued by the Kenyan government and under the circumstances, she had no reason to believe that it was not genuine.
Unfortunately, the Norwegians refused to buy her argument and in January 2007, the case was dismissed once again. The implication was that she was required to return to Kenya because, according to the Court, she had no grounds to reside in Norway. Details of the case show that Jane appealed against the decision, arguing that she had resided in Norway for many years, time when she had mothered two young children who needed her attention. In the end, the appeal was also thrown out.
This development left Jane with one option – to move to the High Court of Appeal which has been handling the case since April 2008. On 16th November 2009, the Appeal’s Court also dismissed the case by confirming earlier rulings thereby making the Kenyan woman eligible for deportation. After exhausting all avenues without results, the Kenyan woman went into hiding until she was discovered and deported to Kenya without both her belongings and children who were left with their father. Friends discovered that she had been deported when she communicated from Kenya.
The case has shocked those who have learnt about it because of the manner in which Jane was deported after residing in Norway for eight years. “It is extremely difficult to understand how the Norwegian government could have deported a mother of two young children in such a manner”, Jenipher Sagili, a Tanzanian, told KSB.
The general thinking was that since Jane had two children who are Norwegian citizens, she had a right to stay in Norway regardless of other peripheral circumstances related to her divorce papers.
A group of Kenyans are planning to take the case to the United Nations through the International Red Cross, arguing that the Rights of the children as stated in the Geneva Convention have been violated.
According to Article 9 of the Geneva Convention on the Rights of the Child, State Parties “…shall ensure that a child shall not be separated from his or her parents against their will, except when competent authorities subject to judicial review determine, in accordance with applicable law and procedures, that such separation is necessary for the best interests of the child”.
Those planning to take the matter up say that the Norwegian authorities have violated this article by deporting Jane to Kenya against her will and without her children.
The deportation order was signed by Ein Dalhot on behalf of Dag Stousland, Sveinung Koslund and Ellen Mo who all decided on the case. Jane was represented by Advocate Petter N. Sterund while the State was represented by Advocate Halldis Winje.
Okoth Osewe
About the Author
This case has two sides silent. What about the Norwegian husband side? What has he done to defend this case? He may be the one who just wanted Jane to go after discovering Jane’s contact with the first husbund?
May be Jane was doing love with other men in Oslo, who knows? Kenyans should look in the matter very carefully before they blame the Norwegian Government.There are two things hidden in that case there.
KSB: According to court papers, the case is based entirely on the allegedly fake divorce certificate. There is no no mention of the hubby’s position neither is there mention of infidelity on Jane’s side. KSB is trying to reach the hubby for a comment.
I feel very sorry for the mother of four, This is inhumane and nothing should be left out until the violation meted against the children and their mother is resolved. Shame to the authorities concerned
hahaha, this story is twisted.
This lady basically still had an affair with the former hubby, planning to move him to Norway after getting her papers.
Twisted!!
Thx for bringing this up Osewe.
To Simon N Mburu i think not many Kenyans who would share your ignorance with you ,Is that impunity please accept the rule of justice . In Norway there is no way files get lost in courts>. Nobody to influence the court cases (Kenyan style)and In any Democracy Lying(Uongo) is viewed very seriously!
Do you think with your shallow corrupt mind (views) will change the Norwegian court judgement?
Mr Simon n Mburu for your information her kids wont starve in Norge, and again Why cant that Kenyan Woman Ivite her Norwegian Husband to Kenya and get settled in Kenya! Whats wrong with both couples settling in Kenya?
Dear Asha Habesh Hassan:-)
I think i might have just the answers for you ;-) ! You see, Atieno (Atiesh as i call her) is my older sister. Am the sister in Oslo spoken of above in the article (her younger sister). Anyway, there,s more that meets the eye in this article(case). My sister WAS invited by me for a two months visitation, after her kenyan marriage COLLAPSED. She was eager and in despair when she contacted me on the the phone while in Kenya. When she was here in Oslo (my recidence), she met some man: (a jounalist by name NAME REDUCTED). The dude promised that after her two months visa was over, he would do everything in his power to bring her back. He did. She came back through . This is when she met her so called “husband”. NAME REDUCTED. That,s the husbands name. They had their first kid (NAME REDUCTED) . I went to visit on a friday ( ended up raped and bitten) by the the husband, saying that i thought i was “special”. Repported the man, but after my sisters plee, I laid down the case. Am a girl whos lived a safe and good life for almost 20 years in Norway. And now i bring a sister and end up with “Clamidia” N many discomforts.. I AM VERY SCARED OF THE MAN IN MY SISTERS LIFE.. !! HE IS NOT A GOOD PERSON. AND HE HATES BLACK PEOPLE..! You must hate people when you rape their (your) wives sister! I sewed the asshole, but, my sister wanted peace.. So i did create peace Laid OFF the case… But it CAME WITH A PINCH OF SALT.. NOW ITS PAY BACK TIME..! HOW ELSE WOULD THE NORWIGIAN GOVERMENT KNOW THAT ATIENOS PAPERS WAS FAKE..?
So you see, Asha…, what you plant in this would, is what you havest..
Norwigian goverment is acting according to their RULES!!! I Respect that!!
After all this, I still LOVE my sister. She,s after all my blood..
And BLOOD IS THICKER THAN WATER..!!!
Jane Wambui Brønstad
92238135
KSB: Comment reducted for legal reasons.
If he hates black people, why retain their children. Rescue those kids before they are turned to guinea-pigs TAFADHALI!
I might just as while add that the husband in Norway IS, (NAME REDUCTED) pshychotic.. Am very scared what he can do to the kids. Considering his TEMPER.. He IS NOT a good person..!!
Sincerely Yours
Jane Wambui Brønstad
tel: 92239265
Am very sure that when the sister brought her to <Norway,she hunten men day &night to get papers..now that the gova of Norway knows the truth and deported the "her" everyone is asking WHY?
To be"deported from a democratic nation like Norway "WITHOUT YOUR OWN KIDS" then there is so much you guys dont know!!!if you guys try to"skrapa lite på yta" you will find a HUGE DOG BURIED THERE"
Those kids will be mollested,and they go crazy before being put in the foster care,…and be even more molested there.
I hold my fingers closed for everyone involved…and the mother,will probably come back to Norway again after some months/years in Kenya. Nyege zawanjaluo"
"To taste your own medicine is not sweet at all at times,…!
Sasa wewe Sala Mambo Za Nyege za Wajaluo Zimetokea Wapi?
Washa Ujunga na Ukabira ! It could have happened to a Kikuyu /Mkamba ama Mu-Masaai!
Do not judge others
Tack.
Have been in norway in 2007 for visit a man met in kenya in my visit i become pregnate,i went back in kenya and give barth to a baby girl,this man say no to the baby i told him we do dna he refuce now am single no food even for the baby nothing,i write to the children department in norway they say i have to be in norway ,how and no money for travel,i give the name of a man still they refuce to help a baby,am asking kenyans,why ewe dont have embassy of kenya in norway?????? This people are not good.
Why are Kenya girls so easy going to bed with any doggish man they meet?Most of Kenyan girls comming to EU/USA are hiv/Aids carriers and any sensible Man/Black or White should not Enter sexually in any girl from Africa without testing Aids/Hiv syphyliss Klamydia/Gonnorheer or Anus warts being african killer and edemic sexual deseases!
Kenyan women are known to be very easy bed-taken for Mapepe especially Kikuyus .
Ja…not all kikuyu girls or kenyan girls…watch out…am living in norway and in The seven years i havent progressed by going- easy in bed With These jungus…i work hard and am i play my cards honestly…people should stop ujanja …corruption…..Norge doesnt take shit of corrupt, ignorant foreigners
Jane Will for sure come back one day after her ex hubbies case is done With…She fixes it…Kenya ni Kenya…..