Kenya High Court Affirms Citizenship Rights for Kenyan Somali Nationals
The High Court of Garissa ruled that the Kenyan government violated the citizenship rights of ethnic Somali nationals by denying them identification documents. It ordered the removal of incorrectly registered names from refugee databases and the establishment of vetting committees to recognize “double-registered” individuals as citizens. NGOs have welcomed the ruling and urged for immediate remedial actions to assist affected citizens.
On Wednesday, the High Court of Garissa, Kenya, ruled that the government’s refusal to provide identification documents to ethnic Kenyan Somali nationals is unconstitutional, violating their rights. The court mandated that the Kenyan government must remove within 60 days the names of these nationals incorrectly listed in the refugee databases. Furthermore, it ordered the establishment of vetting committees to address the status of “double-registered” individuals, allowing for their recognition as citizens.
The Kenyan NGO Haki-na-Sheria praised the ruling, emphasizing the necessity for concrete measures to rectify the discrimination faced by these individuals. Executive Director Yussuf Bashir stated that the recognition of the rights of thousands of Kenyans is a crucial development, urging immediate action for all affected parties, not limited merely to the plaintiffs involved in the case. Additionally, Human Rights Watch has called upon the government to ensure accessibility to amenities for those granted citizenship.
The High Court’s decision comes in light of previous challenges faced by many ethnic Kenyan Somali nationals who have been wrongfully categorized as refugees. According to Human Rights Watch, tens of thousands have faced statelessness, which hindered their ability to access essential services such as banking, education, and government support, due to their erroneous refugee status.
Historical context reveals that a significant drought in 1992 led to many individuals being registered as refugees to receive aid. The UNHCR’s introduction of a biometric system resulted in the merging of the UNHCR database with Kenya’s national database, complicating the citizenship prospects for approximately 40,000 Kenyan Somalis who remain unable to obtain national identification despite their status as citizens.
The High Court of Garissa’s ruling reaffirms the citizenship rights of Kenyan Somali nationals, addressing serious constitutional violations by the government. As a result, there is an expectation for prompt remedial actions to grant these individuals recognition and access to civic rights. This decision serves as a crucial step towards resolving the historic injustices faced by ethnic Kenyan Somali nationals who have been wrongfully categorized as refugees.
Original Source: www.jurist.org
