Kenya Case Law

Haki na Sheria Initiative & 3 others v Attorney General & 4 others

Haki na Sheria Initiative & 3 others v Attorney General & 4 others [2025] KEHC 221 (KLR)

Court

High Court

Case number

Petition E008 of 2021

Judge

JN Onyiego

The court held that the respondents' refusal to deregister and issue national identification documents to individuals who have been vetted and cleared as Kenyan citizens, despite their prior double registration as refugees, is unconstitutional and a violation of their right to nationality and administrative justice. The court further held that the inordinate delay in vetting and clearing other victims of double registration is also a constitutional breach, necessitating appropriate orders to compel the respondents to act expeditiously.

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• Citizenship By Birth
• Right To Nationality
• Administrative Action
• Identification Documents
• Vetting Process
• Refugee Status

BAA v Republic

BAA v Republic [2024] KEHC 15200 (KLR)

Court

High Court

Case number

Criminal Revision 18 of 2020

Judge

LN Mutende

The High Court directed production of proof of a minor’s exit from Kenya and reunification with her mother in Germany before closing the matter.

• Immigration Offences
• Child Custody
• Best Interests Of Child
• Repatriation
• Refugee Status
• Best-interests-of-child

Malicha & 2 others v Director of Public Prosecution

Malicha & 2 others v Director of Public Prosecution [2023] KEHC 21262 (KLR)

Court

High Court

Case number

Revision Case E149 of 2022

Judge

DR Kavedza

The High Court dismissed a revision application challenging repatriation orders, finding the applicants had not shown any bona fide refugee claim or legal basis to bar repatriation.

• Unlawful Presence
• Immigration Offences
• Repatriation Orders
• Refugee Status
• Fair Trial Rights
• Criminal-revision

Republic v Khadija Abdikadir Hassan

Republic v Khadija Abdikadir Hassan [2021] KEHC 1785 (KLR)

Court

High Court

Case number

Criminal Revision E095 of 2021

The court held that the respondent, as a registered refugee, was not unlawfully present in Kenya but had only breached the condition of remaining within the refugee camp. The principle of non-refoulement, enshrined in both international conventions and Kenyan law, prohibits the forced return of refugees to countries where their safety or freedom would be at risk. The respondent has no family or support in Somalia and did not express a wish to return there; instead, she sought to rejoin her family in the Hagadera Refugee Camp. The trial court's order to return her to the camp was consistent wi…

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• Refugee Status
• Non Refoulement
• Immigration Offences
• Sentencing And Penalties

Abdikani Mire Duhul Alias Abdimajid v Republic

Abdikani Mire Duhul Alias Abdimajid v Republic [2021] KEHC 5301 (KLR)

Court

High Court

Case number

Criminal Miscellaneous Application E198 of 2021

Judge

DO Ogembo

The High Court revised a magistrate’s sentence order and set aside deportation, finding the applicant had shown a valid refugee card and was lawfully in Kenya.

• Revisionary Jurisdiction
• Deportation Orders
• Refugee Status
• Forged Documents
• Criminal-revision
• Deportation-orders

Jamhuri v Tesfawork Ermias Dogso & Jamal Salman Abdu

Jamhuri v Tesfawork Ermias Dogso & Jamal Salman Abdu [2021] KEMC 6 (KLR)

Court

Magistrate's Court

Case number

Criminal Case E651 Ya 20 of 2021

The court found that while the right to bail is constitutionally guaranteed, it is not absolute and may be limited where the prosecution demonstrates compelling reasons. In this case, the prosecution established that both accused persons, as foreign nationals with unclear or unproven immigration status, lacked fixed abode, and had no demonstrable ties or assets in Kenya. The first accused's claim of refugee status was not sufficiently supported by evidence of lawful residence or permission to reside outside designated refugee camps, and the second accused's immigration status was even less cl…

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• Bail And Bond
• Refugee Status
• Flight Risk
• Constitutional Rights
• Immigration Offences

Nega Weldeghiorghis Ghebremariaam & Nardos Tareke Baye v Director of Public Prosecutions & Director of Immigration and Registration of Persons

Nega Weldeghiorghis Ghebremariaam & Nardos Tareke Baye v Director of Public Prosecutions & Director of Immigration and Registration of Persons [2021] KEHC 7505 (KLR)

Court

High Court

Case number

Criminal Revision E001 of 2021

Judge

CM Njagi

The High Court dismissed a criminal revision seeking to set aside a guilty plea conviction, sentence, and repatriation order, finding no new evidence or legal error.

• Illegal Entry
• Refugee Status
• Repatriation Orders
• Adduction Of New Evidence
• Criminal-revision
• Refugee-status

Anas Said Ali v Republic

Anas Said Ali v Republic [2021] KEHC 8804 (KLR)

Court

High Court

Case number

Criminal Revision E003 of 2020

The High Court declined to find error in a repatriation order against a convicted applicant, but directed verification of his refugee card before removal.

• Immigration Offences
• Sentencing Revision
• Refugee Status
• Repatriation Orders
• Criminal-revision
• Immigration-offences

Mariam Ali Omar, Abdirahaman Ali Shariff, Farahan Mohamed Ali & Shukri Said Omar v Republic

Mariam Ali Omar, Abdirahaman Ali Shariff, Farahan Mohamed Ali & Shukri Said Omar v Republic [2018] KEHC 2050 (KLR)

Court

High Court

Case number

Criminal Revision 64 of 2018

Judge

GMA Dulu

The High Court at Garissa dismissed an application to stay deportation orders, holding that asylum seeking is mainly an administrative process that had not been pursued.

• Deportation Orders
• Refugee Status
• Asylum Procedure
• Deportation-orders
• Asylum-procedure
• Refugee-status

Celestine Ntarwanda alias Edouard Nsengimana v Republic

Celestine Ntarwanda alias Edouard Nsengimana v Republic [2017] KEHC 9587 (KLR)

Court

High Court

Case number

Criminal Revision 46 of 2017

The court held that the 2009 extradition treaty between Kenya and Rwanda was not part of Kenyan domestic law as it had not been properly domesticated or presented before Parliament as required by Section 11(2) of Cap 76. Therefore, there was no binding treaty applicable to extradition proceedings with Rwanda under Part III of the Act. However, Part III of Cap 76, as operationalized by Legal Notice 300 of 1991, remained applicable to Rwanda, and extradition could proceed if the offences in question were covered by the schedule to the Act. The court found that the offences alleged against the a…

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• Extradition Procedure
• Treaty Domestication
• Refugee Status
• Jurisdiction Of Courts