Court stays govt order requiring refugees to surrender passports » Capital News
NAIROBI, Kenya, Oct 29 — The High Court has temporarily halted a government directive that required all refugees and asylum seekers to surrender their passports within 30 days.
The conservatory order, issued by Justice Bahati Mwamuye at the Milimani High Court on Tuesday suspends the directive pending a full hearing.
The ruling came in response to an urgent petition filed by Refugee Legal Networks and Semhar Weldemicahel Haile challenging the State’s directive.
According to the petition, the directive issued on September 30, 2024, by the Commissioner of Refugee Services required that all refugees and asylum seekers in Kenya relinquish passports from their countries of origin, which sparked immediate concerns among human rights advocates.
Justice Mwamuye’s conservatory order not only stays the government’s directive but also prevents the State from taking any adverse action against those who may not comply with the directive within the stipulated 30-day window.
“That pending the inter partes hearing and determination of the Application dated 28/10/2024, a conservatory order be and is hereby issued restraining the Respondents, their agents, servants, associated agencies, and any public body that acts with them under a multi-agency framework from taking any adverse decision or action against any refugee or asylum seeker who has not complied with the 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,” Justice Mwamuye said.
November mentions
The court mandated the Commissioner of Refugee Services to publicize the conservatory orders, including through the Department of Refugee Services’ website and its social media platforms.
The court directed State Law Office and the Commissioner for Refugee Services, listed as respondents, to respond to the petition by November 8, 2024.
The court slotted a further mention on November 19, for compliance verification and additional directions.
The Department of Refugee Services (DRS) issued the contested directive following what the government said were concerns that some refugees have been using these passports to travel outside the country, in violation of international and local refugee laws.
Commissioner for Refugee Affairs, John 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.
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.
“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,” Commissioner Burugu ordered.
“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 thirty (30) days from the date of this notice.”
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