Wamuzi News Ke
A group of 35 Ugandan nationals, affiliated with the opposition Forum for Democratic Change (FDC) party, has filed a landmark constitutional petition in Kenya’s High Court accusing the Kenyan government of illegal arrest, assault, and forcible deportation. According to the petitioners, the operation breached multiple protections enshrined in the Kenyan Constitution and international refugee law.
What Are the Allegations?
The petition states that on 23 July 2024, the Ugandan nationals lawfully entered Kenya to attend a leadership training workshop at the Ukweli Pastoral Centre in Kisumu County — duly admitted by the Kenyan Department of Immigration.
Later that evening, the petitioners claim armed operatives, believed to be from both Kenyan and Ugandan security services, raided their accommodation, assaulted them, then drove them across the border without any arrest warrants, court hearing or legal process. They assert that Kenyan officials handed them over to Ugandan authorities in the middle of the night.
Once in Kampala, the group reports they were charged under Uganda’s Anti-Terrorism Act despite having entered Kenya lawfully and without any prior notification of charges. Among them is a registered refugee in Kenya who says his deportation violated protections under the Kenyan Refugee Act, 2021.
Constitutional Violations and Legal Basis
In their petition, the Ugandans argue that their rights under Articles 28 (human dignity), 29 (freedom and security of the person), 39 (freedom of movement), 47 (fair administrative action), and 49(1) (rights of arrested persons) of the Kenyan Constitution were all violated.
They further contend that the absence of any extradition process, warrant or due legal proceedings renders their removal “unconstitutional and unlawful” under both domestic law and international obligations (Articles 2(5) and 2(6) of the Constitution of Kenya).
This case raises urgent questions about Kenya’s respect for fundamental rights, its territorial jurisdiction and the integrity of its immigration and law-enforcement processes. That a group of foreign nationals — who entered the country legally and were participating in a legitimate workshop — allege such treatment intensifies scrutiny of the state’s powers to detain and deport without oversight.
Moreover, the diplomatic implications are significant. Relations between Kenya and Uganda have historically been cooperative; however, accusations of this nature may strain bilateral trust, especially given the political affiliation of the petitioners and the gravity of the overseas charges facing them.
- The High Court will now determine whether to grant interim relief, including halting further deportations of foreign nationals under similar circumstances while the case proceeds.
- Both governments may be under pressure to disclose evidence of the alleged arrests and handovers, which include statements by the Ugandan Police confirming Kenyan involvement.
- Civil-society groups and human-rights monitors are expected to use this case as a benchmark for knowing when and how the rights of non-citizens are protected in Kenya, especially refugees and asylum-seekers.
- The outcome might set legal precedent on how deportation and extradition processes must be conducted in Kenya — ensuring the rule of law prevails over ad-hoc security operations.
