Court Victory Marks a Major Milestone for Refugee Rights in Kenya

With today’s ruling, we celebrate a major victory for refugee rights in Kenya, as the Garissa High Court upheld key arguments in a petition filed by Haki Na Sheria Initiative (HSI) and ordered critical reforms to the Citizenship and Immigration Act.

The court affirmed that children born from unions between refugees and Kenyan citizens are to be recognized as citizens by birth.

The court has also ruled that refugee documentation is sufficient to meet the lawful residency requirement for citizenship applications – marking a significant shift in how refugee families can access their constitutional rights.

Finally, the Attorney General has been directed to amend the Citizenship and Immigration Act within one year to bring it into alignment with the Constitution. 

As an organization, we urge the Attorney General to act swiftly to implement this long-overdue decision. Refugee families have lived in legal uncertainty for years despite deep social, familial, and economic ties to Kenya.

Haki Na Sheria Initiative is a non-governmental organization based in Nairobi and Garissa, Kenya, dedicated to ending discrimination and promoting the rights of marginalized communities in Northern Kenya. HSI has worked closely with refugee communities in Northern Kenya for many years and has built strong ties with host communities. This collaborative approach enabled us to bring forward this case that will benefit not only the petitioners but thousands more in similar circumstances.

Kenya has hosted refugees from conflict-affected neighboring countries – including Somalia, South Sudan, and Ethiopia – since the early 1990s. Today, it is home to nearly 500,000 refugees living in camps and urban centers. Many of these refugees have resided in Kenya for decades, intermarried with Kenyans, and contributed to the country’s cultural fabric. Yet, legal restrictions and administrative hurdles have denied them access to citizenship, placing them and their families in a state of legal limbo.

As a signatory to both the 1951 UN Refugee Convention and the 1969 OAU Refugee Convention, Kenya has a legal and moral obligation to uphold the rights of refugees. Continued legal discrimination against refugees undermines these commitments.

Earlier this year, in January, Haki Na Sheria also secured a historic win in another petition where the High Court affirmed the citizenship rights of over 40,000 Kenyans whose registration was blocked due to fingerprint data captured by the UNHCR – despite their Kenyan identity.

Today’s court ruling is further proof that our advocacy bears fruit. Haki Na Sheria remains steadfast in its commitment to equality, non-discrimination, and justice for refugees, host communities, and other marginalized groups across Kenya.

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