The High Court in Nairobi has declared unlawful three directives issued by the Department of Refugee Services that suspended asylum registration for Eritrean and Ethiopian nationals, halted applications for refugee movement and residence exemptions, and stopped registration of onward movers.
In a judgment delivered on 19 October 2026 in Refugee Legal Networks & 4 Others v Commissioner for Refugee Affairs & 3 Others (Petition E596 of 2025), Justice Gregory Mutai held that the directives lacked legal authority, violated the right to fair administrative action and, in the case of asylum registration, amounted to discrimination based on national origin.
The petition was led by Refugee Legal Networks, alongside the Kenya National Commission on Human Rights (KNCHR), Refugee Consortium of Kenya, Kituo Cha Sheria and Sanctuary Foundation. The Global Strategic Litigation Council for Refugee Rights participated as an interested party, supporting the petition.
The case challenged a notice issued on 31 July 2025 by the Acting Commissioner for Refugee Affairs. The notice suspended registration of Eritrean and Ethiopian asylum seekers indefinitely, stopped processing applications for exemptions, changes of address and data transfers, and halted registration of people who had previously sought asylum in another country.
The Court found that the Refugees Act, 2021 and the Refugees (General) Regulations, 2024 require individual assessment of asylum applications and do not authorise the blanket exclusion of people based on nationality or a previous asylum claim. It also held that the directives were issued without prior public participation, adequate reasons or an opportunity for affected persons to be heard, contrary to Article 47 of the Constitution and the Fair Administrative Action Act, 2015.
On non-refoulement, the Court found that the suspension of registration threatened the principle prohibiting the return of refugees and asylum seekers to places where they face prohibited risks. It further held that the government had not demonstrated that the blanket restrictions were necessary and proportionate to address concerns about human trafficking, smuggling and national security.
The judgment does not prevent the government from conducting individual identity verification, security screening or onward-mover assessments, or from taking lawful action against trafficking and smuggling. Rather, it requires these processes to be carried out in accordance with the law and on an individual basis.
The Court issued orders quashing the three directives and compelling the respondents to resume receiving and registering asylum applications from Eritrean and Ethiopian nationals, assess onward-mover applications individually, and determine exemption, change-of-address and data-transfer applications on their merits. The respondents must also file a compliance report with the Court within 60 days of the judgment.
The judgment reinforces the legal requirement that refugee protection procedures must comply with the Constitution and the Refugees Act, ensuring that access to asylum and related administrative processes is not denied through blanket measures based on nationality or previous asylum claims.
Kituo Cha Sheria, Refugee Legal Networks and other partner organisations, through the Refugee Access to Work and Inclusion – Eastern Africa (RAWI-EA) Coalition, continue to champion refugee rights, strengthen protection and advance inclusion, working towards a future where refugees can access justice, claim their rights and participate meaningfully in social and economic life.
Read the full judgment: Here
By Rony Alal