The High Court has issued orders staying the decision by the state directing all refugees and asylum seekers to surrender their passports within 30 days.
This follows a case filed on Monday, by the Refugee Legal Networks and Semhar Weldemichael Haile.
“That pending the inter partes hearing and determination of the application dated 28/10/2024, a conservatory order be and is hereby issued staying the 1st Respondent's (the Commissioner of Refugee Services) 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," the ruling reads in part.
Issuing the orders on Tuesday, Justice Bahati Mwamuye also directed that pending the hearing and determination of the application to bar the state’s decision, no organisation or individual will take action against the refugees.
The judge also ordered the Commissioner of Refugee Services to ensure that within the next three working days, the public knows of the court directives.
He stated that the same should be done through publication of an appropriate notice on the Department of Refugee Services website (https://refugee.go.ke), and in all the social media handles of the Department of Refugee Services.
Further, the Commissioner, by way of circulation should make known the court’s decision, to the refugee and asylum seeker organisations in the country, and also by way posting of the same in its offices and refugee camps.
The case filing was occasioned by the directives made by Commissioner for Refugee Affairs John Burugu.
Burugu cited the 1951 United Nations Convention on the Status of Refugees, its 1967 Protocol, and Kenya’s Refugees Act No. 10 of 2021, which outline the regulations governing refugee travel.
“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,” he said.
“Accordingly, pursuant to the United Nations 1951 Convention and the Refugee Act No. 10 of 2021, all refugees and asylum seekers in Kenya are hereby required to surrender the passports from their country of origin to the Department of Refugee Services within 30 days from the date of this notice.”
Refugees are entitled to be issued Civil, Identity, and Travel documents, including Machine Readable Conventional Travel Documents (CTDs) for travel outside Kenya, except to their country of origin.
Burugu warned that violation could result in expulsion from Kenya, as outlined in Section 17 of the Refugees Act.
“Failure to comply with this directive may result in legal consequences as outlined in the aforementioned international convention and the Refugee Act No. 10 of 2021 and may lead to legal implications including cancellation of refugee status and subsequent expulsion from the country of asylum as provided by Section 17 of the Refugees Act,” he cautioned.
The case will be mentioned on November 19, 2024. Those sued include the Commissioner of Refugees and the State Law Office.