[2014] KEHC 8467 (KLR)
The court found that the applicant, Jonas Sergi, is a recognized refugee as confirmed by both the UNHCR and the Commissioner for Refugee Affairs. The trial court's order for his repatriation to Burundi after serving his sentence was inconsistent with his protected status under Kenyan law and international refugee...
Source-derived case information.
- Citation
- [2014] KEHC 8467 (KLR)
- Parties
- Applicant: Jonas Sergi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Judgment Date
- 5 November 2014
- Case Number
- Criminal Revision 77 of 2014
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- repatriation order set aside; applicant to be transferred to refugee camp
- Judges
- LK Kimaru
- Legal Topics
- Refugee Status, Deportation Orders, Criminal Sentencing
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jonas Sergi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the trial court's order for repatriation of a recognized refugee after serving sentence was lawful.
- 2 Whether the applicant, as a recognized refugee, should be repatriated or handled in accordance with refugee protection protocols.
Ratio Decidendi
The court found that the applicant, Jonas Sergi, is a recognized refugee as confirmed by both the UNHCR and the Commissioner for Refugee Affairs. The trial court's order for his repatriation to Burundi after serving his sentence was inconsistent with his protected status under Kenyan law and international refugee protection standards. Exercising its revisionary jurisdiction under Section 364(1) of the Criminal Procedure Code, the High Court set aside the repatriation order and directed that the applicant be handed over to the UNHCR and the Commissioner for Refugee Affairs for appropriate arrangements, including transfer to Kakuma Refugee Camp. The court emphasized that refugees should not...
Court Disposition
repatriation order set aside; applicant to be transferred to refugee camp
Orders
- The order requiring the applicant to be repatriated to Burundi is reversed and set aside.
- The OCS Buru Buru Police Station is directed to surrender custody of the applicant to UNHCR and the Commissioner for Refugee Affairs for transfer to Kakuma Refugee Camp.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
CRIMINAL REVISION NO.77 OF 2014
JONAS SERGI………………………APPLICANT
VERSUS
REPUBLIC……………………………RESPONDENT
RULING
The State concedes that the Applicant is a refugee having been granted that status by the UNHCR and the Commissioner of Refugee Affairs. The order issued by the trial court on 4th July 2014 requiring the Applicant to be repatriated to his country of origin after completing his sentence under Section 53(1) as read with Section 53(2) of the Citizenship and Immigration Act 2011is hereby revised pursuant to Section 364(1) of the Criminal Procedure Code. The order requiring the Applicant to be repatriated to Burundi is hereby reversed and set aside. It is substituted by an order of this court requiring the OCS Buru Buru Police Station to surrender the custody of the Applicant to UNHCR and the Commissioner for Refugee Affairs so that appropriate arrangements may be made to transfer the Applicant to Kakuma Refugee Camp. It is so ordered.
DATED AT NAIROBI THIS 5TH DAY OF NOVEMBER 2014
L. KIMARU
JUDGE