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A gay rugby player threatened with deportation to Kenya, where he says he will be persecuted because of his baduality, was released on bail, allowing him to leave the immigration center where he was detained.
Kenneth Macharia, who plays for Bristol Bisons, a gay and inclusive rugby club, expressed his relief after being allowed to leave the immigration center where he had been detained for nearly two weeks, which 39 He compared to a prison.
The 38-year-old, who has been living in the UK for almost 10 years, was released on bail Wednesday at the Hatton Cross Court Hearing Center in Middlebad. He is still facing the prospect of deportation.
Nearly 100,000 people signed a petition calling on the Home Office to terminate his removal.
Judge Edward Woodcraft told Macharia: "The fact that I released you on bail does not mean you will still be allowed to stay in the UK".
Macharia, a mechanical design engineer by profession, appeared in court by videoconference from Harmondsworth Immigration Detention Center, near Heathrow, where he had been held since 15 November. He wore a black and pink RFC Bristol Bisons t-shirt and was supported by his teammates who also wore the same shirts.
Macharia has been released on bail for various reasons, including living and sleeping at an address in Glastonbury, providing financial guarantees and reporting to an immigration officer. The Home Office has been tasked with examining how the increased Macharia profile in Kenya is affecting business as its destiny is determined.
Speaking after the hearing while he was waiting for his teammates to drive him home, Macharia told The Guardian: "I am extremely happy and grateful for all those who have supported me . "
He added that this ordeal had made him suffer from depression. "I have never been to a prison, but for me, it's a prison because I did not have my freedom and I could go where I want," he said.
"There is additional anxiety during the first few days before the cancellation of my referral. I was extremely anxious all the time and I was afraid that they would drop me on a plane at any time.
"I was relieved to have canceled my dismissal, but last night I could barely sleep when I went out, they were still determined to fire me."
When asked how he planned to return to Kenya, he said, "It's something that really forces anxiety and fear. With this support, I feel a little more optimistic for the future, but because of the way the Home Office behaves, it does not really show me any signs that it will allow me to stay . "
Macharia has been in the UK since 2009 and arrived with a student visa. On two occasions, he was granted an extension of his leave to stay, as a student and then as a highly qualified migrant.
He applied for asylum in May 2016, arguing that he would be persecuted in Kenya because he is gay. Homobadual activity is illegal in the African country. The Home Office recognizes that this is the case, but says that it does not constitute persecution.
Macharia coaches with Bristol Bisons and is also the photographer of the match. After the hearing, Murray Jones, his teammate and three-year-old friend, said, "We've taken the first hurdle … it saves us time so we can get more support and more funding to allow him to benefit from permanence in this country. "
Leaving the courtroom, Macharia's mother, Jacinta, smiled and said, "I'm so happy."
The Home Office did not want to comment on the case, but a spokesman said: "We pledge to put in place an asylum procedure sensitive to all forms of persecution, including those based on badual orientation or identity. We have a robust badurance mechanism, which is to review all available evidence in light of published information by country. "
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