NAIROBI—The High Court in Nairobi has quashed a government order to close the Dadaab refugee camp, the biggest refugee complex in the world.
In a ruling on Thursday, Justice Mativo said the decision was unconstitutional. He added that the order was discriminatory and amounted to collective punishment.
“The order is excessive, arbitrary and disproportionate, ” he said.
The High Court ruling came in response to a petition by two human rights orgernisations, the Kenya National Commission on Human Rights and Kituo Cha Sheria. The petition was supported by the Amnesty International.
Justice Mutovo has also overruled a resolution to disband the Department of Refugee Affairs, saying it was an act aimed at persecuting Somali refugees.
The camp was initially due to close on the 30 November, but the government announced a six month delay on what the government then said was ‘humanitarian grounds.’
“Stopping the imminent closure of Dadaab refugee camp is an essential first step in respecting and protecting refugee rights in Kenya,”Muthoni Wanyeki, the regional director of the Amnesty International said.
She added that the ruling was historic since it would save more than a quarter million refugees from the risk of human rights abuses.
“The international community must work towards finding alternative solutions for refugees including local intergation options,” she added.
In August last year, the United Nations refugee agency has called on the Kenyan government to tone down the rising anti-refugee sentiments following reports that at least 2000 Somali refugees have opted to return to their country for fear of forceful eviction.
In a team made up of 11 members committee formed in May last year had recommended to the ministry of Internal Security headed by Joseph Nkaissery to take the repatriation exercise in humane manner. The team was led by Joseph Irungu.
Kenya says the refugee camp serves as breeding ground for the militant group Al Shabab, although there has never been a suspect from the camps on record.
Since the Interior Minister Joseph Nkaisery made the remarks on May this year at Nairobi, refugees became worrisome that the Kenyan government could compel them to return to Somalia.
