The High Court of Garissa ruled that the Kenyan government’s refusal to provide identification documents to ethnic Kenyan Somali nationals is unconstitutional. The court mandated the removal of erroneous names from refugee databases and called for the establishment of vetting committees. Human Rights Watch and Haki-na-Sheria have welcomed the judgment, emphasizing the need for remedial actions for those affected, as many remain stateless and deprived of essential rights.
On Wednesday, the High Court of Garissa, Kenya, determined that the government’s refusal to provide identification documents to ethnic Kenyan Somali nationals is unconstitutional, violating their rights. The ruling mandates that the government remove, within 60 days, the names of ethnic Kenyan Somali individuals wrongly listed in refugee databases. Additionally, the court instructed the establishment of vetting committees alongside relevant agencies to clarify the citizenship status of those labeled as “double-registered.”
Human Rights Watch (HRW) has advocated for the Kenyan government to ensure that individuals declared as citizens can readily access all amenities and services. Yussuf Bashir, the Executive Director of Haki-na-Sheria, remarked, “The court’s finding that the Kenyan government violated the rights of thousands of Kenyans by denying them citizenship is a positive step. It should now be followed by concrete remedial actions for all those affected, not just the applicants in this case.”
The decision follows a case from January 2025, where the High Court ruled in favor of ethnic Kenyan Somali nationals wrongfully denied citizenship. HRW estimates that “tens of thousands” of these individuals were recorded incorrectly as refugees, leaving them stateless and deprived of essential rights, including opening bank accounts, obtaining driver’s licenses, accessing education, and receiving government support.
The influx of refugees into Kenya, particularly during the 1992 drought, complicated the situation, as many registered their children as refugees to secure aid. With the implementation of a biometric system for identifying refugees by the United Nations High Commissioner for Refugees (UNHCR), the records of refugees were shared with the Kenyan government. Consequently, many Kenyan Somalis who are estimated to number around 40,000 found themselves unable to obtain national identification, leaving them without essential citizenship rights.
The High Court of Garissa’s ruling marks a significant step towards recognizing the citizenship rights of ethnic Kenyan Somali nationals. The court has directed the government to correct registration errors and safeguard the rights of those affected. Advocacy groups emphasize the need for prompt action to ensure that these individuals can fully access the services and privileges of citizenship, addressing long-standing injustices.
Original Source: www.jurist.org
