Kenya’s High Court Confirms Citizenship Rights for Kenyan Somali Nationals
The High Court of Garissa ruled that the Kenyan government’s refusal to issue ID documents to ethnic Kenyan Somali nationals was unconstitutional. It mandated the removal of improperly registered names from refugee databases and the establishment of vetting committees. The ruling opens pathways for citizenship rights and access to services for affected individuals, as advocated by organizations like Human Rights Watch.
On Wednesday, Kenya’s High Court of Garissa determined that the government’s refusal to issue identification documents to ethnic Kenyan Somali nationals was unconstitutional, infringing upon their inherent rights. This judgement came as a commendation from the NGO Haki-na-Sheria, which expressed approval on its official X account. The court mandated the government to eliminate the names of ethnic Kenyan Somali nationals incorrectly listed in the refugee databases within 60 days. Furthermore, it directed the establishment of vetting committees alongside relevant agencies to declare these individuals as citizens who had been wrongly labeled as “double-registered.”
Human Rights Watch advocated for the Kenyan government to ensure that individuals identified as double-registered receive full access to social services and amenities upon their recognition as citizens. Yussuf Bashir, 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 case revolves around the plight of “tens of thousands” of ethnic Kenyan Somali nationals, who have been unfairly registered as refugees despite their citizenship status. This judicial ruling highlights the significant consequences of this registration, namely statelessness, which has hindered these individuals from accessing fundamental rights, such as obtaining bank accounts, driver’s licenses, and educational opportunities.
The historical context reveals that many Kenyan Somalis were forced into refugee camps during a severe drought in 1992, and subsequent registrations were made primarily to access aid. In the late 2000s, the UNHCR implemented a biometric system to identify these displaced individuals, which later interfaced with the Kenyan national database leading to the current plight of about 40,000 Kenyan Somalis unable to register for national ID cards that affirm their citizenship rights.
The High Court of Garissa’s ruling underscores a pivotal moment in affirming the citizenship rights of ethnic Kenyan Somali nationals, rectifying historical injustices that have left many vulnerable. The Government of Kenya is now tasked with implementing significant changes to ensure that these individuals are recognized as full citizens and receive the rights and benefits entitled to them. Ultimately, this decision is a hopeful signal for thousands who have long endured discrimination due to wrongful classification as refugees.
Original Source: www.jurist.org