High Court Win Forces Kenya To Retreat Asylum For Ethiopians Eritreans Now Case By Case
Kenya Backtracks: Ethiopia and Eritrea Asylum Seekers Now Considered on Case-by-Case Basis
Nairobi, Kenya– The Kenyan government has clarified its recent controversial asylum policy, confirming it will now consider applications from Ethiopian and Eritrean nationals on a case-by-case basis. This clarification follows a significant outcry and a lawsuit challenging a directive issued in July that had restricted asylum registration from the two Horn of Africa nations.
According to the Daily Nation report, in a response submitted to the High Court, the Commissioner for Refugee Affairs assured that the registration of genuine asylum seekers would continue, noting that more than 100 applications from the two countries have already been approved since the directive was issued on July 31.
Non-Refoulment Principle Upheld
Acting Commissioner for Refugee Affairs, Mercy Mwasaru, stated that all cases are being considered in compliance with the international legal principle of non-refoulement.
Non-refoulement is a fundamental tenet of international law that prohibits countries from returning refugees or asylum seekers to a place where they would face a risk of persecution, torture, or other serious harm.
Ms. Mwasaru also confirmed that affirmative action measures would be applied for particularly vulnerable individuals, including:
- Women
- Children
- Persons with disabilities
- Individuals who have suffered trauma
Lawsuit Forces Government Clarification
The initial directive, issued on July 31, was met with immediate legal action from several human rights organizations. A coalition of NGOs, including the Refugee Legal Network, the Kenya National Commission on Human Rights, the Refugee Consortium of Kenya, Kituo Cha Sheria, and the Sanctuary Foundation, jointly challenged the policy.
The organizations argued in court that the directive:
- Violated the rights of refugees and asylum seekers.
- Lacked a foundation in Kenyan legal provisions.
- Was issued in bad faith and exceeded the legal powers conferred to the Commissioner.
The High Court has since issued orders barring the government from suspending the registration of asylum seekers from Ethiopia and Eritrea pending the full hearing of the case. The government’s recent clarification, submitted as part of its defense in the High Court suit, marks a significant shift in its official stance toward applicants from the two nations.
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