The Court of Appeal Decision on Refugees Repatriation

On the 17th of February 2017, the Court of Appeal affirmed the 2014 decision of the High Court finding the directive by the Government requiring all urban refugees to report to refugee camps as being unconstitutional.

On December 18 2012, the Government of Kenya  through the Department of Refugee Affairs issued a press release communicating the decision by the government to stop the reception, registration of refugees and asylum seekers and close down all registration centers in the urban areas with immediate effect. The effect of this was that all refugees residing in urban areas would be moved to the Daadab and Kakuma refugee camps and ultimately be repatriated to their home countries.

Two suits were filed on the matter against the government through the AG, one by Kituo cha sheria, an NGO and the second one by 7 asylum seekers from Somalia, Ethiopia, Rwanda and the Democratic Republic of Congo.

The petitioners sought to have the government directive quashed. Their argument was that the directive went against their  right to dignity, the principle of non-refoulement and it violated state responsibility towards persons in vulnerable situations.

To read what the judge decided please click here to read the judgment

Katiba Institute was involved as Amicus Curiae in the cases in support of the Petitioner’s case.


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