Kenya’s High Court Affirms Citizenship Rights for Somali Nationals

Kenya’s High Court has ruled that the government’s denial of citizenship rights to ethnic Kenyan Somali nationals violated their constitutional rights. The court ordered immediate action to rectify registrations misclassifying these individuals as refugees. NGOs and human rights organizations welcomed the decision, emphasizing the need for tangible remedial action and unimpeded access to citizenship benefits for those affected.

On Wednesday, Kenya’s High Court in Garissa ruled that the government’s refusal to issue identification documents to ethnic Kenyan Somali nationals constituted a violation of their constitutional rights. This judgment has been welcomed by the Kenyan NGO Haki-na-Sheria, which emphasized that the government must rectify the registration of individuals erroneously classified as refugees within 60 days. Furthermore, the court directed the establishment of vetting committees to assist in confirming the citizenship status of those marked as ‘double-registered.’

The ruling followed a long-standing issue wherein tens of thousands of Kenyan Somali nationals found themselves wrongfully registered within refugee databases, resulting in significant barriers to accessing essential services. Human Rights Watch has called upon the Kenyan government to ensure that those affected are granted access to all amenities associated with citizenship. Yussuf Bashir, the Executive Director of Haki-na-Sheria, stated, “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.”

Since the severe drought in 1992, many ethnic Somali nationals were forced into refugee camps, which complicated their citizenship status. The UNHCR’s introduction of a biometric registration system in the late 2000s led to the intermingling of refugee and national databases, further complicating matters. Today, it is estimated that around 40,000 Kenyan Somali individuals remain unable to obtain national identification and, consequently, the rights and privileges associated with it.

In summary, the Kenyan High Court’s ruling serves as a significant step towards rectifying the injustices faced by ethnic Kenyan Somali nationals regarding their citizenship rights. The court’s directives aim to ensure that individuals who were wrongfully categorized as refugees can reclaim their citizenship and access the benefits they rightfully deserve. The situation highlights the ongoing challenges related to historical registration processes and the need for thoughtful, proactive government intervention.

Original Source: www.jurist.org