Open Society faults Kenya after Zimbabwean lawyer denied entry

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The Open Society Foundations has accused the Kenyan government of disregarding the rule of law after Zimbabwean lawyer and human rights activist Brian Kagoro was denied entry despite a court order allowing him to travel to Kenya.

Kagoro, Open Society’s managing director for Africa, was stopped while travelling from Addis Ababa, Ethiopia, to Nairobi on Tuesday, September 15.

Reports said security personnel removed him from the aircraft in Addis Ababa, questioned him and prevented him from reboarding.

“We are concerned that the Kenyan government’s commitment to the rule of law is under question after it disregarded a court order,” Open Society said in a statement.

The High Court issued an order in June directing authorities to allow Kagoro into Kenya pending the determination of a case challenging his deportation.

The Pan African Lawyers Union (PALU) said the activist was travelling to Kenya in compliance with the order and was expected to arrive at Jomo Kenyatta International Airport at about 1:30pm. Civil society groups and human rights activists had planned to receive him.

Kagoro was previously detained at JKIA on February 22 this year, and deported to Johannesburg, South Africa, after Kenyan authorities denied him entry.

Security agencies accused him of involvement in efforts to organise or finance anti-government protests in Kenya.

Kagoro and Open Society disputed the allegations, saying they were unsupported by evidence.

PALU, the East Africa Law Society, the Law Society of Kenya and the Kenyan Section of the International Commission of Jurists subsequently went to court to challenge his deportation.

In June, the High Court’s Constitutional and Human Rights Division issued conservatory orders barring authorities from arbitrarily denying Kagoro entry into Kenya while the petition was pending.

Open Society said the order required authorities to allow Kagoro into the country pending the outcome of the case.

“The decision to bar Kagoro from entering Kenya prevents him from being able to exercise his legal rights to meet his lawyers and attend any proceedings related to his case,” the organisation said.

The High Court has since directed Attorney General Dorcas Oduor to explain why Kagoro was denied entry despite the existing order. The court gave her 14 days to respond.