NAIROBI, Kenya – The High Court in Nairobi has temporarily suspended a government directive that stopped the registration of asylum seekers from Ethiopia and Eritrea.
Justice Chacha Mwita issued conservatory orders on October 2, barring the Interior Ministry and the Commissioner for Refugee Affairs from enforcing the July 31 directive that had halted asylum registration for nationals of the two countries.
The orders will remain in effect until October 22, 2025, when the court will give further directions on the matter.
The ruling followed a petition filed by the Refugee Legal Networks, the Refugee Consortium of Kenya, and three other groups, who argued that the government’s decision was unconstitutional and violated the rights of asylum seekers guaranteed under both Kenyan law and international conventions.
In his decision, Justice Mwita said the suspension was necessary to prevent harm while the legality of the directive is being determined.
“The order is issued to preserve the status quo and prevent the possible adverse effects of the impugned decision while the court considers the application,” Justice Mwita stated.
The petitioners were directed to file their written submissions, limited to five pages, within seven days, while the Interior Cabinet Secretary and the Commissioner for Refugee Affairs will have an equal period to respond.
The case will be mentioned for highlighting of submissions on October 22 at 11:30 a.m.
The case, before the High Court at Milimani, is expected to test how far the government can go in restricting asylum access on national security grounds without breaching its international obligations to protect refugees.
If upheld, the suspension could reopen registration for thousands of Eritrean and Ethiopian nationals seeking protection in Kenya, many of whom had been stranded in limbo since the July directive took effect.
