10Oct By Advocate Joan LangatOctober 29, 20260Legal Aid A landmark judgement reinforces access to asylum procedures, equality before the law and accountability in refugee protection. Refugee Legal Networks (RLN), alongside four co-petitioners, has secured a significant victory for refugee protection in Kenya following a High Court judgment declaring unlawful three directives that restricted access to asylum registration and other refugee-related administrative processes.In its judgment delivered on 19 October 2026, in Refugee Legal Networks & 4 Others v Commissioner for Refugee Affairs & 3 Others [2026] KEHC 16302 (KLR), the High Court at Milimani, presided over by Justice Gregory Mutai, found that the challenged directives had been issued without legal authority and were null and void.The directives, contained in a notice issued on 31 July 2025, suspended the registration of asylum seekers of Ethiopian and Eritrean nationalities, halted applications for exemptions, changes of address and data transfers, and suspended registration of asylum seekers who had previously sought asylum in another country, referred to as “onward movers.”The Court found that the directives exceeded the powers conferred by the Refugees Act, 2021 and the Refugees (General) Regulations, 2024. It further held that the nationality-based suspension discriminated against Ethiopian and Eritrean asylum seekers, contrary to Article 27 of the Constitution and Article 3 of the 1951 Refugee Convention. The Court also found violations of the right to fair administrative action and that the restrictions threatened the principle of non-refoulement and other fundamental rights. Importantly, the Court issued orders of certiorari quashing the three directives and mandamus compelling the relevant authorities to resume the affected processes. These include receiving and registering asylum applications from Ethiopian and Eritrean nationals, receiving applications from onward movers for assessment under the applicable regulations, and receiving and determining applications for exemptions, changes of address and data transfers on their individual merits.The Court clarified that the judgment does not prevent lawful individual identity verification, screening and security vetting, or action against persons involved in trafficking and smuggling in accordance with the law. It also directed the respondents to file a report on compliance within 60 days of the judgment.The petition was brought by Refugee Legal Networks, the Kenya National Commission on Human Rights, Refugee Consortium of Kenya, Kituo Cha Sheria and Sanctuary Foundation. Global Strategic Litigation Council (GSLC) participated in the proceedings as an interested party.The RLN legal team played an active role in advancing the petition, including advocating for conservatory orders that protected the position of affected asylum seekers while the substantive case proceeded. The final judgment marks an important stage in the litigation and underscores the value of sustained legal advocacy in protecting access to asylum procedures. For RLN and its partners, the decision reinforces a fundamental principle: refugee protection must be administered within the law, and access to asylum procedures cannot be arbitrarily denied on the basis of nationality.The focus now turns to implementation of the Court’s orders and ensuring that the affected individuals can access the registration and administrative processes restored by the judgment.#RefugeeLegalNetworks #RefugeeRights #RefugeeProtection #AccessToJustice #Access toAsylumprocedures #HumanRights Click here to download the final signed Judgement by Judge Mutai of the High Court of Kenya Author Advocate Joan Langat View all posts 0 Reviews ( 0 out of 0 ) Write a Review Submit Review