Article published on the 2010-01-21 Latest update 2010-01-21 15:51 TU
Al-Faisal, who has spent four years in prison in Britain for inciting racial hatred, was arrested on 31 December by Kenyan police. Twice since then, Kenya has tried and failed to deport him.
First Tanzania refused him entry, and then on his way to the Gambia, an airline refused to take him beyond Nigeria because he is on several international terror watchlists.
"I have been told by the anti-terrorism police unit officers that the subject is no longer within the court's jurisdiction. His destination is Jamaica," state counsel Edwin Okello told a high court judge in Nairobi.
Al-Faisal's lawyer criticised the court.
"We wanted to be furnished with documents to show which anti-terrorism police unit officers followed him, who is the pilot, which plane, and such other documents,' Harun Ndubi said.
The revolutionmuslim website, which supports Al-Faisal, dubbed the Kenyan move "an obvious attempt to silence the movement to Free Faisal and buy time".
Al-Faisal's arrest without charge has worsened relations in the country. It provoked protests among Muslims in Kenya and five people died in riots on 15 January.
On Thursday the armed Somalian group Al Shebab threatened to attack Kenya after the Kenyan security forces intervened against Somalis last week in Nairobi.
"If God wills it, we will reach Nairobi, we will penetrate it," members of the group broadcast on the internet. "When we arrive we will attack it with arms, attack it until we kill."