[2024] KEHC 6011 (KLR)
The High Court found that the application for revision of the lower court's repatriation orders had been overtaken by events, as the applicants had already been assessed by the Department of Refugee Services. Two applicants were found eligible for asylum and protection in Kenya due to their status as secondary...
Source-derived case information.
- Citation
- [2024] KEHC 6011 (KLR)
- Parties
- Applicant: Mechawik Bisumlak; Applicant: Samrawit Teklom Mazrowit Teklom; Applicant: Essy Abraham Hana Habtom; Applicant: Elas Teklam Major Teklam; Applicant: Naom Kuds Finam Solomon; Applicant: Aster Hebtegram Hana Gabreyens; Applicant: Liya Mengslab Abrehet Tregay; Applicant: Mana Saburawit Semereteah Techelclemadin; Applicant: Girmay Gibrab Yonas Bitsua Mlalc; Applicant: Eseyas Dawit Evan Kibron; Applicant: Binian Issias Mardokey Mayer; Applicant: Amnet Tekel Yafet Afewera; Applicant: Daniel Teweldeldemedin Aton Gedu; Applicant: Yordanos Kesete Mussie Gebrebher; Applicant: Abel Gebreniwet Siem Hyle; Applicant: Desate Khasag Rebel Tekeste; Applicant: Mihkyah Mussie Robel Kijdane; Applicant: Filimon Wele Yemane Kesete; Applicant: Meron Araya Natu Rasi; Applicant: Amunuel Okbuzyi Ateweski Asmanaw; Applicant: Bereket Wedeghebriel; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Marsabit
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E006 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Revision and Stay of Repatriation
- Outcome
- Application dismissed; interim orders set aside.
- Judges
- JN Njagi
- Legal Topics
- Revision of Magistrate Orders, Refugee Status Determination, Repatriation Orders, Appeal Rights Under Refugees Act
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Mechawik Bisumlak
Applicant
Samrawit Teklom Mazrowit Teklom
Applicant
Essy Abraham Hana Habtom
Applicant
Elas Teklam Major Teklam
Applicant
Naom Kuds Finam Solomon
Applicant
Aster Hebtegram Hana Gabreyens
Applicant
Liya Mengslab Abrehet Tregay
Applicant
Mana Saburawit Semereteah Techelclemadin
Applicant
Girmay Gibrab Yonas Bitsua Mlalc
Applicant
Eseyas Dawit Evan Kibron
Applicant
Binian Issias Mardokey Mayer
Applicant
Amnet Tekel Yafet Afewera
Applicant
Daniel Teweldeldemedin Aton Gedu
Applicant
Yordanos Kesete Mussie Gebrebher
Applicant
Abel Gebreniwet Siem Hyle
Applicant
Desate Khasag Rebel Tekeste
Applicant
Mihkyah Mussie Robel Kijdane
Applicant
Filimon Wele Yemane Kesete
Applicant
Meron Araya Natu Rasi
Applicant
Amunuel Okbuzyi Ateweski Asmanaw
Applicant
Bereket Wedeghebriel
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Revision and Stay of Repatriation
Legal Issues
- 1 Whether the High Court should revise and revoke the repatriation orders issued by the trial magistrate against the applicants.
- 2 Whether the applicants should be released to the custody of the Department of Refugee Services for registration as asylum seekers.
- 3 Whether the application for revision has been overtaken by events following the assessment by the Department of Refugee Services.
Ratio Decidendi
The High Court found that the application for revision of the lower court's repatriation orders had been overtaken by events, as the applicants had already been assessed by the Department of Refugee Services. Two applicants were found eligible for asylum and protection in Kenya due to their status as secondary movers from Sudan, while the remaining applicants were found not to have established a claim for asylum. The court held that those dissatisfied with the Commissioner's decision have a statutory right of appeal under Section 14(1) of the Refugees Act, 2021. Consequently, the interim orders against repatriation were set aside and the application for revision was dismissed.
Court Disposition
Application dismissed; interim orders set aside.
Orders
- The interim orders against repatriation issued on 2nd February 2024 are set aside.
- The application dated 1st February 2024 is dismissed.
Full Case Text
Judgment text and source record
63 paragraphs
Bisumlak & 20 others v Republic (Miscellaneous Criminal Application E006 of 2024) [2024] KEHC 6011 (KLR) (9 April 2024) (Ruling)
Neutral citation: [2024] KEHC 6011 (KLR)
Republic of Kenya
In the High Court at Marsabit
Miscellaneous Criminal Application E006 of 2024
JN Njagi, J
April 9, 2024
IN THE MATTER OF THE CONSTITUTION OF KENYA AND IN THE MATTER OF THE REFUGEES ACT NO.10 OF 2021 AND IN THE MATTER OF CRIMINAL CASE NO. MCCR/E005 OF 2024 AT THE CHIEF MAGISTRATE’S COURT AT MARSABIT IN THE MATTER OF AN APPLICATION BY MECHAWIK BISUMLAK AND SAMRAWIT TEKLOM & A38 OTHERS FOR REVISION OF THE COURT’S JUDGEMENT DATED 31ST JANUARY 2024
Between
Mechawik Bisumlak
1st Applicant
Samrawit Teklom Mazrowit Teklom
2nd Applicant
Essy Abraham Hana Habtom
3rd Applicant
Elas Teklam Major Teklam
4th Applicant
Naom Kuds Finam Solomon
5th Applicant
Aster Hebtegram Hana Gabreyens
6th Applicant
Liya Mengslab Abrehet Tregay
7th Applicant
Mana Saburawit Semereteah Techelclemadin
8th Applicant
Girmay Gibrab Yonas Bitsua Mlalc
9th Applicant
Eseyas Dawit Evan Kibron
10th Applicant
Binian Issias Mardokey Mayer
11th Applicant
Amnet Tekel Yafet Afewera
12th Applicant
Daniel Teweldeldemedin Aton Gedu
13th Applicant
Yordanos Kesete Mussie Gebrebher
14th Applicant
Abel Gebreniwet Siem Hyle
15th Applicant
Desate Khasag Rebel Tekeste
16th Applicant
Mihkyah Mussie Robel Kijdane
17th Applicant
Filimon Wele Yemane Kesete
18th Applicant
Meron Araya Natu Rasi
19th Applicant
Amunuel Okbuzyi Ateweski Asmanaw
20th Applicant
Bereket Wedeghebriel
21st Applicant
and
Republic
Respondent
Ruling
1. The Applicants herein filed an application dated 1st February 2024 seeking for orders that:1. Spent2. That pending the hearing and determination this application, the Honourable Court do issue a stay of the repatriation Orders issued by the learned trial Magistrate Hon. Christine Wekesa SPM in Marsabit Law Court Criminal Case E005/2024 on 31st January 2024. 3.That the Honourable Court do exercise its discretion to revise and revoke the orders made by the learned trial magistrate Hon. Christine Wekesa SPM in Marsabit Law Courts criminal case E005/2024 on 31st January 2024. 4.That the Honourable Court be pleased to release the Applicants to the custody of the Department of Refugee Services for registration as asylum seekers.
2. The matter was brought to this court for purposes of revision of the lower court`s order against repatriation of the Applicants. As can be seen from the above, the applicants were seeking for other orders apart from stopping the repatriation. In prayer No.3 of the Notice of Motion, the applicants were seeking for orders that they be released to the custody of Department of Refugee Services for registration as asylum seekers.
3. When the matter came up for hearing before this court, it was agreed by consent of counsel representing the Applicants and the Prosecution Counsel that the court makes an order for the Applicants to be assessed by the Department of Refugee Services (DRS) on their suitability of being granted asylum in Kenya. The order was granted.
4. The DRS filed a report with this court in which it stated that they had assessed 29 of the applicants and found 2 of them, Zeremariam Desale Kahsay and Tekle Iseyas Dawit, to be onward movers in that they had been granted asylum in Sudan as their first country of asylum before their entry into Kenya. That owing to the current situation in Sudan the two secondary movers will be granted asylum and protection in Kenya.
5. The report, signed by John Burugu, Commissioner for Refugees Affairs, states that the remaining 27 accused persons have not established a claim for asylum pursuant to the Refugees Act No. 10 of 2021. That an order “do issue repatriating them to their country of origin”.
6. In view of the above, it is the view of this court that the orders sought for revision of the lower court`s orders against repatriation have been overtaken by events as the applicants have been assessed by the DRS and some of them were found deserving of asylum and others were not. If those found not deserving of asylum are dissatisfied with the decision of the Commissioner of Refugees, their recourse is to appeal against the decision of the Commissioner in accordance with Section 14(1) of Refugees Act, 2021 which provides that:A person aggrieved by the decision of the Commissioner under this Act may, within thirty days of receiving the decision, appeal in person or through his or her representative or through any other interested party to the Appeals Committee against the decision
7. The application for revision having been overtaken by events, the interim orders against repatriation issued by this court on 2nd February 2024 are set aside. The application dated 1st February 2024 is in the premises dismissed.
DELIVERED, DATED AND SIGNED AT MARSABIT THIS 9TH APRIL 2024J. N. NJAGIJUDGEIn the presence of:Miss Wairimu HB for Miss Muraguri for ApplicantsMr. Otieno for RespondentCourt Assistant – Jarso14 days R/A.