[2013] KEHC 6039 (KLR)

[2013] KEHC 6039 (KLR)

The court found that the Government Directive to relocate all urban refugees to camps, as implemented through press releases and official correspondence, threatened and violated the petitioners' constitutional rights to freedom of movement, dignity, and fair administrative action. The Directive failed to consider individual circumstances, was arbitrary, and imposed a blanket policy that disproportionately affected vulnerable persons. The court held that the policy undermined the principle of non-refoulement, as its implementation could indirectly force refugees to return to countries where they faced persecution. The State did not demonstrate that the limitation of rights was reasonable,...

Citation
[2013] KEHC 6039 (KLR)
Parties
Applicant: Kituo Cha Sheria; Applicant: Abebe Dadi Tullu; Applicant: Ahmed Bashir Mohamed; Applicant: Eugene Bwimana; Applicant: Dachassa Galdi Nure; Applicant: Muhima Sebihendo John; Applicant: Mbuzukongira Nzabona; Applicant: Said Abdullahi Abukar; Respondent: The Attorney General
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
26 July 2013
Case Number
Petition 19 & 115 of 2013
Procedural Posture
Constitutional Petition / Judgment
Outcome
Petition allowed. Government Directive quashed.
Legal Topics
Refugee Rights, Freedom of Movement, Fair Administrative Action, Non Refoulement, Human Dignity, Vulnerable Groups
Source Language
English
Constitutional Law Administrative Law Public International Law Refugee Rights Freedom of Movement Fair Administrative Action Non Refoulement Human Dignity +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 19 Party arguments 2
Sign in to unlock

Parties

Kituo Cha Sheria

Applicant

Abebe Dadi Tullu

Applicant

Ahmed Bashir Mohamed

Applicant

Eugene Bwimana

Applicant

Dachassa Galdi Nure

Applicant

Muhima Sebihendo John

Applicant

Mbuzukongira Nzabona

Applicant

Said Abdullahi Abukar

Applicant

The Attorney General

Respondent

Procedural Posture

Constitutional Petition / Judgment

Legal Issues

  1. 1 Whether the Government Directive relocating urban refugees to camps violates the Constitution and statutory protections for refugees.
  2. 2 Whether the Government Directive breaches the principle of non-refoulement and Kenya's international obligations.
  3. 3 Whether the limitation of rights by the Government Directive is justified under Article 24 of the Constitution.

Ratio Decidendi

The court found that the Government Directive to relocate all urban refugees to camps, as implemented through press releases and official correspondence, threatened and violated the petitioners' constitutional rights to freedom of movement, dignity, and fair administrative action. The Directive failed to consider individual circumstances, was arbitrary, and imposed a blanket policy that disproportionately affected vulnerable persons. The court held that the policy undermined the principle of non-refoulement, as its implementation could indirectly force refugees to return to countries where they faced persecution. The State did not demonstrate that the limitation of rights was reasonable,...

Court Disposition

Petition allowed. Government Directive quashed.

Orders

  • The Government Directive contained in the Press Release and correspondence dated 18th December 2012 and 16th January 2013 is declared a violation of the rights and fundamental freedoms of the petitioners and other refugees residing in urban areas.
  • The proposed implementation of the Government Directive is declared a threat to the non-refoulement principle under section 18 of the Refugees Act, 2006.