Kenya’s High Court ruled that the government’s denial of ID documents to ethnic Kenyan Somali nationals was unconstitutional, mandating the removal of incorrect refugee registrations. The ruling aims to rectify the citizenship status of affected individuals, impacting tens of thousands rendered stateless and denying them access to basic rights.
The High Court of Garissa in Kenya ruled that the government’s denial of identification documents to ethnic Kenyan Somali nationals was unconstitutional, violating their rights. This decision mandates the government to eliminate all names of erroneously registered Kenyan Somalis from refugee databases within 60 days. Additionally, the court directed the establishment of vetting committees with relevant agencies to verify the citizenship of individuals incorrectly categorized as refugees.
NGO Haki-na-Sheria supported this ruling, emphasizing the need for action to rectify the citizenship status of those affected. Yussuf Bashir, Executive Director of the NGO, stated that it is essential for the government to take concrete steps for all individuals impacted, not just those involved in the case. According to Human Rights Watch, the ruling is a significant development for the tens of thousands of ethnic Kenyan Somalis wrongly registered.
Historically, many ethnic Somali Kenyans were registered as refugees due to the severe 1992 drought that caused relocations for aid. By the late 2000s, the UNHCR implemented a biometric identification system for refugees, which was integrated with Kenya’s national database, complicating the citizenship status of many. Reports indicate that approximately 40,000 Kenyan Somalis are still unable to obtain national identification documents, thereby limiting their access to basic rights and services.
The ruling from Garissa’s High Court signifies a potential reversal of the marginalization faced by ethnic Somali Kenyans. It highlights the necessity of addressing the bureaucratic errors that have led to the statelessness of many, enabling them to access essential services such as education, banking, and healthcare. This judicial decision is a crucial step towards remedying past injustices and recognizing the citizenship of affected individuals.
The High Court of Garissa’s ruling affirms the citizenship rights of ethnic Kenyan Somali nationals, mandating corrective actions by the government regarding erroneous refugee registrations. The acknowledgment of the rights of thousands is a positive outcome, encouraging the government to provide essential citizenship documents. This decision may restore access to necessary services for many individuals previously hindered by bureaucratic errors.
Original Source: www.jurist.org
