Kenya High Court Upholds Citizenship Rights for Kenyan Somali Nationals

The High Court of Garissa ruled that the Kenyan government’s refusal to recognize the citizenship rights of ethnic Kenyan Somali nationals is unconstitutional. The court ordered the government to rectify refugee registrations and establish vetting committees. Human rights organizations welcome this decision as a crucial step towards justice for affected individuals.

On Wednesday, the High Court of Garissa in Kenya ruled that the government’s denial of identification documents to ethnic Kenyan Somali nationals was unconstitutional, thereby infringing upon their citizenship rights. This landmark decision mandates the government to clear the names of these nationals from incorrect refugee registrations within 60 days. Additionally, it calls for the establishment of vetting committees to appropriately classify double-registered individuals as citizens.

The Kenyan NGO, Haki-na-Sheria, praised the ruling, emphasizing the necessity for the government to provide immediate remedial actions for all impacted individuals, not just those involved in this case. Yussuf Bashir, the Executive Director of the organization, remarked on the court’s decision as an acknowledgment of the injustices faced by thousands deprived of citizenship. The ruling is viewed as a constructive step forward.

Human Rights Watch estimates that tens of thousands of ethnic Kenyan Somalis have been incorrectly registered in refugee databases, which has left many stateless and deprived of fundamental rights. This status has severely limited their ability to access services such as banking, education, and government support. Following a severe drought in 1992, many citizens registered as refugees to receive assistance, contributing to the confusion surrounding their statuses.

In the late 2000s, a biometrics system implemented by the UNHCR aimed to properly identify refugees; however, this led to a merger with the Kenyan national database, complicating citizenship for affected individuals. Currently, approximately 40,000 Kenyan Somalis remain unable to obtain national IDs, thus lacking the rights and privileges accorded to full citizens. This ongoing situation necessitates urgent intervention from the Kenyan government to rectify these injustices and integrate these individuals into society fully.

The ruling by the High Court of Garissa is a significant affirmation of the citizenship rights for ethnic Kenyan Somali nationals. It compels the government to correct the misclassifications that have left thousands stateless. The call for immediate action by both the court and human rights organizations highlights the urgent need for remedial measures to ensure that affected individuals can fully participate in society as citizens with equal rights.

Original Source: www.jurist.org