High Court Reinforces Refugee Protection Through Landmark Directions

The Refugee Legal Networks (RLN) welcomes recent directions issued by the Bungoma High Court reaffirming the importance of lawful and individualized refugee status determination for asylum seekers in Kenya.

In proceedings involving several asylum seekers, the Court ordered that the applicants be transferred from custody to designated refugee camps pending the determination of their refugee status. The Court also summoned the Commissioner for Refugee Affairs/ Services to personally appear before the Court and provide an update on the progress of their Refugee Status Determination (RSD) process.

The matter is scheduled for mention on 24 September 2026 to review compliance with the Court’s directions.

RLN submitted that decisions affecting asylum seekers must be informed by the statutory Refugee Status Determination process rather than generalized assumptions. The Court’s directions underscore the importance of due process, timely administrative action, and judicial oversight in safeguarding the rights of persons seeking international protection.

The Refugee Legal Networks remains committed to advancing access to justice through legal representation, strategic litigation, policy engagement, and collaboration with government institutions and development partners.

This case reflects the continued importance of strengthening refugee protection systems that uphold the Constitution of Kenya, the Refugees Act, 2021, and Kenya’s international obligations.