Kenya’s Refugee Status Questioned Amidst Forced Expulsions

Kenya, once seen as a sanctuary for those fleeing political persecution and conflict, is increasingly becoming an unwelcoming environment for some seeking refuge, according to rights organizations. These concerns arise following the abduction of four Turkish refugees at gunpoint by masked individuals in Nairobi, the capital, last month, marking the latest in a series of similar incidents within the East African nation. Kenyan authorities stated that the four individuals, recognized as refugees by the UN, were deported at the behest of the Turkish government, which seeks them on charges of treason. Critics contend that Kenya has abandoned the long-standing legal principle of “non-refoulement,” which forbids the involuntary return of individuals to countries where they might face persecution. This situation has damaged Kenya’s standing, with the local Daily Nation newspaper reporting that the heads of the US’s Central Intelligence Agency (CIA), William Burns, and the UK’s foreign intelligence agency MI6, Richard Moore, addressed the deportations with President William Ruto during their visit to Nairobi late last month. John Burugu, Kenya’s refugee commissioner, declined to comment on the expulsions. However, Korir Sing’oei, a senior official in the foreign ministry, underscored the government’s predicament, stating it needed to achieve a “crucial balancing of interests for the bigger good.” He further elaborated, “Harbouring the subversive elements accused of undertaking activities detrimental to a friendly country posed both a diplomatic and humanitarian dilemma to Kenya.” Ultimately, practical political considerations prevailed, as Kenya was unwilling to jeopardize its strengthening ties with Turkey, a relationship solidified by a military co-operation agreement signed by the two countries in July. For many years, Kenya has experienced peace and stability compared to its neighboring countries, establishing it as a primary destination for refugees and asylum seekers from various conflict-affected or authoritarian states in the region, including the Democratic Republic of Congo, Eritrea, Rwanda, and South Sudan. According to Burugu, Kenya, East Africa’s largest economy, hosts over 800,000 refugees. Nevertheless, human rights groups express apprehension that the country has, in recent years, become progressively unsafe for those escaping persecution in their native lands. Kenyan police have also faced numerous accusations of collaborating with foreign security agencies attempting to apprehend individuals deemed threats. A recent instance involved accusations of complicity – as reported by Uganda’s Observer newspaper – in the “brazen cross-border abductions” of 36 Ugandan opposition supporters in July. These individuals had traveled to the Kenyan city of Kisumu for a training course, according to their legal representatives, but were deported to Uganda without adherence to proper legal procedures such as deportation orders or extradition requests. Uganda’s police accused the suspects of being “engaged in covert activities that are suspected to be subversive, drawing the attention of Kenyan security forces.” However, the group, through their lawyer, denied any wrongdoing. “By allowing Ugandan security operatives to cross into Kenya and essentially kidnap these individuals, Kenya has failed in its duty to safeguard the liberty and wellbeing of all people on its territory, regardless of their nationality or political affiliations,” stated the Observer in an editorial. In May of last year, Yusuf Ahmed Gasana, a Rwandan human rights defender, was abducted from his Nairobi residence by unidentified individuals and has not been seen since. Sources informed Gasana’s family that he was being held in a clandestine detention facility in Rwanda alongside several other people who had not yet been charged. Other notable instances include: For those seeking sanctuary in Kenya, the situation is alarming. A Rwandan refugee, who has resided in Kenya for over a decade and is critical of Rwanda’s government, informed the BBC, “I’m longer active on social media because of threats from all sides.” The 40-year-old believes that Kenyan authorities are assisting Rwandan officials in locating him. He stated, “Going back home is not an option for me and my family but we live in constant fear here.” The refugee further added, “I’m afraid because being accessed by the people we are running away from is a huge possibility.” Due to the escalating danger, more than 3,000 refugees and asylum seekers are currently under the protection of the Refugee Consortium of Kenya (RCK), a non-governmental organization. Shadrack Kuyoh, the organization’s lead researcher, told the BBC that the fear of arrest, charges, or extradition is among the reasons they sought RCK’s help. He noted that the deportation of refugees violates the Refugees Act of Kenya, which aims to ensure they “are not returned to territories where they may face harm.” The current status of the Turkish nationals following their deportation remains unknown. The four were thought to be affiliated with the Gulen movement, named after the Turkish Muslim cleric Fethullah Gulen, which operated schools in Kenya and globally. Their deportation occurred shortly after Gulen, whom Turkey accused of orchestrating a failed coup in 2016, passed away, suggesting that Turkey capitalized on his death to suppress his supporters. Bishop Willybard Kitogho Lagho, chair of the Interreligious Council of Kenya, characterized the four as “peace-loving people” involved in humanitarian work. He commented, “Their abductions underscore the growing concerns about the safety of all refugees and asylum seekers in Kenya.” Edgar Githua, a Kenyan foreign policy analyst, suggested that the government should have transferred them to the UN refugee agency to avoid criticism. He remarked, “Kenya has soiled its international image. This will be quoted for ages. We cannot undo what we have done.”