Wednesday May 7, 2014
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A judge has temporarily barred the government from sending home some 500 Somali refugees in the wake of crackdown on terrorists.Also granted is an order stopping the state from putting the refugees concerned in any refugee camp pending hearing of their case.
Justice David Majanja's order comes hot on heels after deputy president William Ruto urged judiciary to be tough on matters related to terrorism. Majanja issued the order following a successful application by Samow Mumin Mohammed and eight others through lawyer Bemih Kanyonge.
In their suit papers the refugees said that sending them back to Somali amounts to infringement on their rights to dignity. They also said the government directive to have the refugees sent home is a blanket order which goes against international laws on asylum seekers and if implemented it will put them in jeopardy.
The nine told the judge that they hold valid refugee identity cards and or had applied for renewal of the same and the policy of relocation and encampment adopted by state fails to take into account families with children, those on medical treatment, those carrying on business like them and the specific fact situation of the individual refugee.
In their view the government policy to repatriate refugees has an adverse effect on other fundamental rights and freedoms such as the right to work enshrined in various international human rights instruments.
They said they are likely to face persecution in those designated refugees’ camps owing to their ethnic affiliation and the government directive does not take into account this fact and exposes him to likely persecution.
"The Government Directive is not fair and reasonable within the meaning of Article 47(1) in so far as it does not provide for application of due process in adjudicating the rights of persons with refugee status," read the suit papers in part.
The nine and other refugees have established roots in the country and are productive residents and if the policy continues being