11Nov By Advocate Joan LangatNovember 18, 20250Legal Aid Court Grants Conservatory Orders Suspending Directive On Ethiopian & Eritrean Asylum Seekers Refugee Legal Networks welcomes the ruling delivered today by the High Court of Kenya ( Petition No. E596 OF 2025), in which Justice E.C Mwita issued conservatory orders suspending the implementation of the directive dated 31st July 2025 by the Commissioner for Refugee Affairs.In granting the orders, the Court affirmed that the directive posed a real and imminent danger to the constitutional rights of person seeking asylum in Kenya, and that allowing its continued implementation risked irreparable harm- particularly violations of non-refoulment, the right to fair administrative action, equality and non-discrimination, and other fundamental rights protected under the Constitution of Kenya 2010, the Refugees Act and International Refugee statutes. Click the PDF Above to view and/or download the Conservatory Orders The Court found that the Petitioners, including RLN, had demonstrated a prima facie case with arguable constitutional questions, and that the public interest strongly favoured protection of vulnerable asylum seekers while the legality and constitutionality of the directive is fully litigated.With this ruling:The government cannot enforce the suspension on registration or related processes affecting Ethiopian and Eritrean asylum seekers.All administrative actions under the directive must cease until the petition is heard and determined.Refugees and asylum seekers from the two affected nationalities remain entitled to access registration and lawful status determination procedures in accordance with Kenyan and international law. RLN welcomes this critical affirmation of the rule of law and constitutional oversight over refugee protection in Kenya. The decision safeguards asylum seekers from the risks of arbitrary exclusion, detention, and unlawful return to countries where many face persecution, conflict, and grave human rights violations. We remain committed to engaging constructively with state agencies to ensure that refugee protection processes remain lawful, humane, and aligned with the Constitution of Kenya, the Refugees Act, and Kenya’s international obligations.We will continue to monitor compliance with the Court’s orders and pursue the full determination of the petition to secure lasting protection for the affected communities. We therefore urge all affected nationals/individuals to visit our offices for legal advice and counsel on how to proceed with the conservatory orders given herein. Author Advocate Joan Langat View all posts