Refugees and asylum seekers in Kenya have been handed temporary reprieve after the High Court barred the state from compelling them to surrender their passports within 30 days.
Justice Bahati Mwamuye on Tuesday, October 29, issued a conservatory order staying the government's directive on September 30. The state has also been injuncted from taking any adverse action against refugees.
"Pending the inter partes hearing and determination of the Application dated 28/10/2024, a conservatory order be and is hereby issued restraining the Respondents, their agents, servants, associated agencies, and any public body that acts with them under a multi-agency framework from taking any adverse decision or action against any refugee or asylum seeker who has not complied with the decision/directive/notice dated 30/09/2024 directing that all refugees and asylum seekers in Kenya shall surrender the passport from the Country of Origin within thirty (30) days of the date of the decision/directive/notice,” Justice Mwamuye ruled.
The ruling came in response to an urgent petition filed by Refugee Legal Networks and Semhar Weldemicahel Haile challenging the State’s directive.
The directive issued by the Commissioner of Refugee Services on September 30, 2024, required that all refugees and asylum seekers relinquish passports from their countries of origin.
This move from the government came amid concerns that some unscrupulous refugees had three passports which they used to travel to different countries - a practice that violated local and international refugee laws.
Kenya’s Refugees Act No. 10 of 2021 governs refugee movements and as per the Act, refugees are entitled to receive civil, identity, and travel documents for travel outside Kenya, except to their country of origin.
In September, Commissioner for Refugee Affairs John Burugu also defended the State's directive, citing a number of laws including the 1951 United Nations Convention on the Status of Refugees and its 1967 Protocol.
“In light of these recent developments and concerns regarding the use of passports from the country of origin, the Department of Refugee Services, (DRS) is hereby issuing a moratorium on the possession and use of such passports by refugees,” Commissioner Burugu ordered.
The state's order instantly attracted concern and criticism concerns among human rights advocates, who claimed the government was profiling asylum seekers and refugees.
The Bigger Picture: Following Justice Mwamuye’s conservatory order, the government's directive in September has been rendered inactive, while the State has also been crippled from taking any adverse action against those who may not comply with the directive within the 30-day window.
