The High Court of Garissa ruled unconstitutional the Kenyan government’s refusal to issue identification documents to ethnic Kenyan Somali nationals. The court ordered the government to remove names from refugee databases and to form vetting committees. Human Rights Watch urged the government to provide full access to services for reclassified citizens. This ruling addresses the historical injustices faced by ethnic Kenyan Somalis rendered stateless and marginalized.
On Wednesday, the High Court of Garissa in Kenya determined that the government’s denial of identity documents to ethnic Kenyan Somali nationals was unconstitutional and a violation of their rights. The ruling mandates the Kenyan government to remove all erroneously registered names of these individuals from refugee databases within 60 days. Additionally, the court instructed the formation of vetting committees to assist in identifying those who are wrongly classified as refugees.
Human Rights Watch has called on the Kenyan government to guarantee that individuals who are reclassified as citizens due to this ruling can access essential services and amenities. Yussuf Bashir, the Executive Director of Haki-na-Sheria, stated that the court’s ruling acknowledges the government’s infringement on the rights of many Kenyans. He emphasized the necessity for effective remedial actions to support all individuals who have faced similar issues, beyond just those involved in the current case.
Previously, in January 2025, the court had favored ethnic Kenyan Somali nationals who faced citizenship rights issues. Human Rights Watch indicated that a significant number of these individuals had been inaccurately registered as refugees, leading to a loss of citizenship and associated rights, thus leaving them unable to participate fully in society. As a result of their classification as refugees, many were deprived of basic necessities and rights, such as education and public services.
The historical context traces back to a drought in 1992 that forced many to seek refuge in camps meant for famine-stricken individuals from Somalia. Following this, many registered their children as refugees to access aid. The United Nations High Commissioner for Refugees implemented a biometric identification system in the late 2000s, merging its database with the Kenyan national registry, inadvertently affecting ethnic Kenyan Somali nationals. Presently, an estimated 40,000 individuals remain unable to secure national identity documents, perpetuating their exclusion from fundamental rights.
The High Court of Garissa’s ruling is a significant step towards securing citizenship rights for ethnic Kenyan Somali nationals who have faced decades of marginalization and denial of basic rights. It calls for immediate action from the Kenyan government to rectify wrongful registrations and commit to ensuring that all affected individuals can access their rights as citizens. This decision also highlights a need for continued vigilance to ensure that similar injustices do not persist in the future.
Original Source: www.jurist.org
