The High Court of Kenya has issued a ruling granting a conservatory order that prevents the government from compelling refugees and asylum seekers to surrender their passports from their countries of origin.
This decision comes in response to a petition filed by Refugee Legal Networks and Semhar Weldemicahel Haile, challenging the directive issued by the Commissioner for Refugee Affairs on September 30, 2024. The directive required all refugees and asylum seekers in Kenya to relinquish their passports within 30 days, with the stated aim of curbing the misuse of multiple passports which was seen as a violation of local and international refugee laws.
However, human rights advocates strongly opposed the directive, arguing that it amounted to profiling and harassment of refugees. Justice Bahati Mwamuye’s ruling temporarily halts the directive, ensuring that no adverse action will be taken against refugees who fail to comply within the stipulated timeframe. The court has also directed the Commissioner of Refugee Services to publicize the decision through various channels, including the Department of Refugee Services website and social media handles. The ruling comes amid ongoing debates about the rights and protections afforded to refugees under international law.
The 1951 United Nations Convention on the Status of Refugees and its 1967 Protocol, which Kenya is a signatory to, outline the rights of refugees and the obligations of host countries. These documents emphasize the principle of non-refoulement, which prohibits the return of refugees to countries where they face serious threats to their lives or freedom. Kenya’s Refugees Act No. 10 of 2021 further governs the movement and rights of refugees within the country, allowing them to receive civil, identity, and travel documents for travel outside Kenya, except to their country of origin.
However, the recent directive sought to restrict the possession and use of passports from refugees’ countries of origin, citing concerns over security and compliance with international laws. The High Court’s decision has been welcomed by human rights organizations, who see it as a victory for the protection of refugees’ rights. The case is set to be heard further, with the next hearing scheduled for November 19, 2024. In the meantime, the conservatory order provides temporary relief to refugees and asylum seekers who were facing the prospect of having to surrender their passports.
