The High Court of Garissa ruled that the Kenyan government’s refusal to issue ID documents to ethnic Kenyan Somali nationals was unconstitutional. The court ordered the removal of incorrect refugee registrations and the establishment of vetting committees to address citizenship issues. Haki-na-Sheria and Human Rights Watch emphasized the urgency of giving affected individuals access to their rights and services. An estimated 40,000 Kenyan Somalis remain stateless due to misregistered refugee status.
The High Court of Garissa in Kenya ruled that the government’s denial of identification documents to ethnic Kenyan Somali nationals violated their constitutional rights. In response, the court ordered the government to remove incorrect listings of these individuals from refugee databases within 60 days, aiming to rectify citizenship documentation issues. Additionally, the court mandated the establishment of vetting committees for assessing the citizenship status of those labeled as double-registered nationals.
Haki-na-Sheria, a Kenyan NGO, praised the ruling, emphasizing the importance of addressing the rights of those denied citizenship. Haki-na-Sheria’s Executive Director Yussuf Bashir emphasized the necessity for immediate remedial actions for all affected individuals. The ruling highlights the systematic denial of rights experienced by thousands of Kenyans due to improper refugee registrations.
In the past, issues surrounding citizenship emerged when the UNHCR’s biometric system led to the misregistration of many Kenyans as refugees, primarily due to past events such as the 1992 drought, which forced many to seek refugee aid. Consequently, an estimated 40,000 ethnic Kenyan Somali individuals remain unable to secure national identification cards that would afford them the same rights as citizens, rendering them effectively stateless.
These individuals face significant challenges, such as the inability to open bank accounts, acquire driver’s licenses, or access education and government benefits. The High Court of Garissa’s ruling is a crucial step toward addressing systemic injustices faced by ethnic Kenyan Somali nationals and restoring their rights as citizens.
The Garissa High Court’s decision marks a significant advancement for the rights of ethnic Kenyan Somali nationals, reaffirming their citizenship entitlements. By mandating the removal of erroneous refugee registrations and the establishment of verification committees, the ruling aims to restore the civic identity of thousands affected by past injustices. The call for immediate actions by Haki-na-Sheria indicates a broader movement toward ensuring that these individuals receive necessary support and resources to facilitate their integration as full citizens.
Original Source: www.jurist.org
