Court stops relocation of 500 foreigners

By Pamela Chepkemei

Nairobi, Kenya: The High Court has stopped the relocation of 500 foreigners to a refugee camp.

High Court judge David Majanja issued orders stopping Interior Cabinet Secretary Joseph ole Lenku from moving the foreigners in Nairobi and other urban centres to a refugee camp.

The judge issued the orders following an application by nine petitioners on behalf of 500 aliens who claim to have invested heavily in Eastleigh.

The 500 refugees were issued with alien cards by the Government of Kenya and duly recognised as such when they sought asylum in Kenya.

They told the court that the Kenyan Government welcomed them in 2006 as asylum seekers and were advised to invest in the country.

After arrival, they formed an organisation called Eastleigh Community Association, which has a membership of 513 members who hold alien certificates.

They asked the court to issue temporary orders stopping the implementation of the gazette notice sanctioning their relocation, pending the hearing of their case.

Blanket directive

The refugees contend that continued implementation of the directive christened Operation Usalama Watch is a threat to their right to dignity, movement and own property as enshrined in the Constitution.

“The Government’s directive in this respect, being a blanket directive, is inconsistent with the provisions of the Constitution, the Refugee Act and international law as it amounts to taking away accrued or acquired rights by the petitioners without due process of the law,” said Samow Mohamed.

The petitioners argue that the policy of relocation and encampment adopted by the Government fails to take into account families with children, those on medical treatment and the specific situation of the individual refugee.

“The petitioners are likely to face persecution in those designated refugee camps owing to their ethnic affiliation and the Government directive does not take into account this fact,” said Mohamed.

The refugees have named Lenku, the Commissioner for Refugee Affairs and the Attorney General as respondents.

The case will be heard in the presence of all parties on May 27.