The High Court of Garissa in Kenya delivered an influential ruling affirming the citizenship rights of ethnic Kenyan Somali nationals. The court decreed that the Kenyan government’s refusal to issue identification documents to these individuals violated constitutional rights. This decision has been acclaimed by various human rights organizations, including Haki-na-Sheria, which publicly welcomed the judgment through a statement on its official X account. The verdict mandates the government to rectify errors within 60 days by removing wrongly registered names from refugee databases, ensuring rightful recognition of Kenyan Somali nationals as citizens.
Furthermore, the court instructed the formation of vetting committees involving relevant agencies to identify individuals who had been “double-registered” and confer citizenship upon them. The ruling supports findings by Human Rights Watch (HRW), which emphasizes the necessity for the Kenyan government to facilitate access to public amenities for those recognized as citizens following the amendment of their status. Executive Director of Haki-na-Sheria, Yussuf Bashir, highlighted that the court’s finding reflects a significant step toward rectifying the injustice faced by thousands without citizenship. He advocates for governmental actions that extend beyond the litigants to all affected individuals.
This ruling comes on the heels of a similar decision made by the High Court of Garissa in January 2025, supporting the claims of ethnic Somali nationals denied citizenship rights. According to HRW, “tens of thousands” were incorrectly included in refugee records, rendering them stateless and devoid of basic civil rights such as opening bank accounts or receiving public education. The historical context dates back to a severe drought in 1992 which led many to register as refugees in a bid to access vital aid during that period.
The plight was exacerbated by the late 2000s implementation of a biometric system by the United Nations High Commissioner for Refugees (UNHCR) in collaboration with the Kenyan government. This led to an integration of the UNHCR’s refugee database with Kenya’s national database, complicating the citizenship validation process for approximately 40,000 Kenyan Somalis. Many still find themselves unable to attain national identification which is a prerequisite for enjoying citizenship rights.
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