An unruly deportee puts the U.S. in a legal bind

What do you do with a Kenyan on an expired visa who just won't go home? In the curious case of David Kihuha, the government wants to resume a rarely used and controversial practice and sedate him, then put him on a one-way flight to Nairobi.

But that has proven to be difficult, at best.

Indeed, the case of the 36-year-old Kenyan, a former Olathe resident, has frustrated federal prosecutors, hobbled the government’s deportation system and led to the unusual tactic of indicting Kihuha on federal felonies for, in essence, refusing to leave.

As the drama plays out in U.S. District Court in Kansas, Kihuha (pronounced Kee-hoo-ha) remains in a cell in Leavenworth, and he's made it abundantly clear he prefers prison in America over freedom in Kenya.

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