A Nairobi High Court has temporarily lifted a government suspension that blocked the registration of asylum seekers from Ethiopia and Eritrea, offering relief to those who had feared losing legal protection.
The court noted that the matter raised serious concerns, and that immediate action was necessary to prevent potential harm to refugees while the case is being fully examined.
The dispute arose after the Commissioner for Refugee Affairs issued a notice on July 31 halting the registration of new asylum seekers from the two countries.
Several non-governmental organisations quickly challenged the directive, arguing that it was discriminatory and violated Kenya’s obligations under local, regional, and international law.
In its ruling, the court found that the NGOs had presented an arguable case, showing that suspending registration placed asylum seekers at real risk.
“In the circumstances, therefore, all factors considered and without deciding with finality the issues raised in this petition, the court is of the view, and finds, that it is in the public interest and the interest of justice that conservatory orders be granted,” the ruling stated.
The organisations argued that the suspension denied asylum seekers legal recognition, leaving them vulnerable to arbitrary arrest, detention, or forced return.
They warned that refugees could be sent back directly or indirectly to countries where they face persecution, armed conflict, or severe human rights violations.
The July 31 notice also halted applications for exemptions, processing of address changes, and the transfer of data that allows refugees to live outside their designated locations.
According to the petitioners, these restrictions not only reduced the protection available to refugees but also breached Kenya’s commitments under the Refugee Convention, the Organisation of African Unity Convention, the International Covenant on Civil and Political Rights, and the Convention Against Torture.
In response, the government insisted that the suspension was not absolute, explaining that individual cases were still being assessed.
Acting Commissioner for Refugee Affairs, Mercy Mwasaru, said the registration of genuine asylum seekers continued on a case-by-case basis, with special consideration for women, children, and persons with disabilities. She stated that “affirmative action” was applied to ensure the most vulnerable were accommodated.
The temporary orders now allow asylum seekers from Ethiopia and Eritrea to continue the registration process while the court considers the full case. The decision marks a significant step in safeguarding the rights and safety of refugees in Kenya as the legal proceedings continue.
