Kenya’s High Court affirms the citizenship rights of ethnic Kenyan Somali nationals by ordering the removal of their names from refugee databases. The ruling mandates immediate action to correct their citizenship status through proper vetting committees. This decision addresses the significant issue of statelessness faced by these individuals, enabling them to access vital services as citizens.
On Wednesday, the High Court of Garissa in Kenya ruled that the government’s denial of identification documents to ethnic Kenyan Somali nationals constituted a violation of their constitutional rights. This decision mandates that names of these individuals erroneously listed in refugee databases must be removed within 60 days. Furthermore, the Court has instructed the establishment of vetting committees to rectify the citizenship status of those labeled as “double-registered” nationals.
Haki-na-Sheria, a Kenyan non-governmental organization, praised the judgment, emphasizing the need for immediate and tangible remedial actions for all impacted individuals. Yussuf Bashir, Executive Director of Haki-na-Sheria, stated, “The court’s finding that the Kenyan government violated the rights of thousands of Kenyans by denying them citizenship is a positive step.”
Human Rights Watch has reiterated its call for the Kenyan government to facilitate access to services for those who obtain citizenship. The High Court’s ruling responds to the plight of tens of thousands of ethnic Kenyan Somali nationals who have unjustly endured statelessness. Their inability to secure national identification has restricted their access to essential services such as bank accounts, driver’s licenses, education, and governmental support.
The ongoing issue traces back to a severe drought in 1992, which prompted many individuals to register as refugees to access humanitarian aid. Subsequently, the UNHCR implemented a biometric system to track refugees, inadvertently merging its records with Kenya’s national database. Currently, approximately 40,000 Kenyan Somalis remain unable to obtain national identification, depriving them of the benefits afforded to Kenyan citizens.
The High Court of Garissa’s ruling is a significant step towards rectifying the injustices faced by ethnic Kenyan Somali nationals denied citizenship rights. The decision ensures the removal of erroneous refugee registrations and the establishment of vetting committees to assist affected individuals. Organizations like Haki-na-Sheria and Human Rights Watch continue to advocate for the rights and access to services for these nationals, promoting their full integration as Kenyan citizens.
Original Source: www.jurist.org
