The High Court has intervened to temporarily halt a controversial directive from the state that mandated all refugees and asylum seekers in Kenya to surrender their passports within 30 days.
This decision follows a legal challenge filed on Monday by the Refugee Legal Networks and advocate Semhar Weldemichael Haile.
In the court’s ruling issued on Tuesday, Justice Bahati Mwamuye granted a conservatory order that stays the directive issued by the Commissioner of Refugee Services, which was announced on September 30, 2024.
The order emphasizes that, pending a hearing and resolution of the application filed on October 28, no actions will be taken against refugees or asylum seekers regarding the directive.
Justice Mwamuye further instructed the Commissioner of Refugee Services to ensure public awareness of the court’s decision within three working days.
This includes posting the ruling on the Department of Refugee Services’ official website and its social media channels.
The Commissioner is also required to disseminate this information to relevant refugee organizations and display it prominently in refugee camps and service offices.
The state’s directive was prompted by Commissioner John Burugu, who referenced the 1951 United Nations Convention on the Status of Refugees and Kenya’s Refugees Act No. 10 of 2021.
Burugu cited concerns about the use of passports from countries of origin and declared a moratorium on their possession by refugees.
“Under the provisions of the United Nations 1951 Convention and the Refugee Act No. 10 of 2021,
All refugees and asylum seekers in Kenya are required to surrender their passports from their country of origin to the Department of Refugee Services within 30 days from the date of this notice,” he stated.
Non-compliance could lead to severe repercussions, including the potential cancellation of refugee status and expulsion from the country, as detailed in Section 17 of the Refugees Act.
The matter is set for mention on November 19, 2024, with the Commissioner of Refugees and the State Law Office named as respondents in the case.
As the situation unfolds, the ruling represents a critical moment for the rights and safety of refugees in Kenya.
