Tahm Kench applies stacks while Shen is in his spirit refugee

I was playing a game as Shen and my opposing team had Tahm Kench. In a scrimmage tham had applied 3 stacks on me (I was fresh into battle after using my ultimate so I had no prior stacks on me) And Tham had already used his Devour (he devoured his teammage LeBlanc) So apart from using his Q he shouldn't be able to apply stacks on me. Because the Spirit's Refugee clearly states: 'Basic Attacks' And while Tham's passive from his ultimate gives him added bonus MAgic damage on his attacks, he still needs to use Basic Attacks.