The High Court has issued a temporary conservatory order on a government directive that required all refugees and asylum seekers to surrender their passports within 30 days.
Justice Bahati Mwamuye suspended the directive on Tuesday 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 has stayed the government’s directive and prevents the State from taking any adverse action against those who may not comply with the directive within the stipulated 30-day window.
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“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.
The court mandated that the Commissioner of Refugee Services publicize the conservatory orders, including through the Department of Refugee Services’ website and social media platforms.
The court directed the 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.
