- High Court suspends Interior Ministry directive blocking asylum registration for Ethiopians and Eritreans.
- Justice Chacha Mwita states that the order will remain in effect until October 22, 2025.
- Petitioners argue the government’s move violated refugee rights under Kenyan and international law.
- The case will test the balance between national security and Kenya’s obligations to protect refugees.
The High Court in Nairobi has issued a temporary order suspending a government directive that stopped the registration of asylum seekers from Ethiopia and Eritrea.
Justice Chacha Mwita granted the conservatory orders on October 2, stopping the Interior Ministry and the Commissioner for Refugee Affairs from implementing the July 31 directive until October 22, 2025, when the court will give further directions.
“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,” stated Justice Mwita.
The suspension came after a petition was filed by the Refugee Legal Networks, Refugee Consortium of Kenya, and three other human rights groups.
They argued that the government’s decision violated Kenya’s Constitution, the Refugee Act, and international conventions that protect the rights of asylum seekers.
The petitioners further claimed that stopping registration left thousands of vulnerable individuals in limbo, exposing them to detention and deportation.
Justice Mwita directed the petitioners to submit written arguments within seven days, limited to five pages, while the Interior CS and Commissioner for Refugee Affairs will have the same period to respond.
The case will be mentioned again on October 22 at 11:30 a.m. for the highlighting of submissions.
The case, currently before the High Court at Milimani, is seen as a major test of how far the Kenyan government can invoke national security to restrict asylum access without breaching international refugee laws.
If the suspension is upheld, it could pave the way for the resumption of registration for thousands of Ethiopian and Eritrean nationals who have been unable to formalise their asylum status since the ban was enforced in July.
