The High Court has temporarily stopped the Kenyan government from closing the Daadab and Kakuma refuge camps pending hearing and determination of a case challenging the directive.
Former presidential aspirant Peter Gichira moved to court challenging the government decision to close the two camps arguing that the move is unconstitutional.
Gichira argues that the directive on closure of the two camps violates the Constitution of Kenya, International Laws and treaties regarding protection of refugee rights and is therefore null and void.
He is seeking an order to permanently stop the enforcement of the directive.
The matter will be mentioned on April 13, 2021.
On March 23, Kenyan Interior Minister Fred Matiang’i announced the government’s intention to close Dadaab and Kakuma refugee camps, giving the United Nations refugee agency (UNHCR) two weeks to present a plan to do so. The ministry called this an “ultimatum” and said there was no room for further negotiations.
On Tuesday, UNHCR responded that finding alternative homes for the refugees needs time.
It proposed a repatriation plan whose execution “leading to the camps’ closure lasts until December 31,2022”.
The UN refugee agency later urged the Kenyan Government to ensure that any decisions on the camps allow for suitable and sustainable solutions to be found.
Responding to the directive by CS Matiang’i, the agency called for consideration of those who live in the camps for need of protection.
“The decision would have an impact on the protection of refugees in Kenya, including in the context of the ongoing Covid-19 pandemic. We will continue our dialogue with the Kenyan authorities on this issue,” read the statement.
However, the government accuses UNHCR of buying time through an open-ended process and has instead demanded another proposal with a “reasonable timeline”.
Next week, Interior CS Fred Matiang’i will lead Kenyan officials in fresh talks with the UN team led by UNHCR representative in Kenya, Ms Fathiaa Abdalla.
The population of refugees in Daadab and Kakuma camps is estimated to be 217,000 and 190,000 respectively.