Kenya, once viewed as a refuge for those fleeing political persecution and conflict, is increasingly perceived as an unwelcoming environment for specific individuals seeking safety, according to rights organizations.
Concerns have been raised following the abduction at gunpoint of four Turkish refugees by masked men in Nairobi last month. This incident marks the latest troubling series of similar cases in East Africa.
Authorities in Kenya confirmed that four individuals acknowledged as refugees by the United Nations were deported following a request from the Turkish government, which is seeking their return on treason charges.
Critics have raised concerns that Kenya is neglecting a longstanding legal principle known as “non-refoulement,” which forbids the involuntary return of individuals to nations where they could encounter persecution.
The recent deportations have cast a shadow over Kenya’s reputation. According to the local Daily Nation newspaper, the heads of the US Central Intelligence Agency (CIA) and the UK’s MI6, William Burns and Richard Moore, respectively, addressed the issue with President William Ruto during their visit to Nairobi late last month.
Kenya’s refugee commissioner, John Burugu, refrained from commenting on the recent expulsions, while senior foreign ministry official Korir Sing’oei underscored the complex situation the government is navigating. He stated that the administration must engage in a “crucial balancing of interests for the bigger good.”
“The presence of subversive elements, alleged to be engaged in actions harmful to a friendly nation, has created a complex diplomatic and humanitarian challenge for Kenya,” he stated.
Ultimately, realpolitik prevailed as Kenya opted to safeguard its burgeoning relationship with Turkey, culminating in signing a military cooperation agreement in July.
In contrast to its neighbouring countries, Kenya has experienced a prolonged period of peace and stability, positioning itself as a critical destination for refugees and asylum seekers fleeing from conflict-ridden or authoritarian regimes in the region, including the Democratic Republic of Congo, Eritrea, Rwanda, and South Sudan.
Kenya, recognized as East Africa’s largest economy, hosts over 800,000 refugees, as reported by Burugu.
Rights groups express concern that the nation has, in recent years, become progressively more difficult for individuals escaping persecution in their countries of origin.
Accusations have surfaced against Kenyan police, alleging their collaboration with foreign security agencies in efforts to apprehend individuals deemed as threats.
Recently, the organization faced accusations of complicity in what the Uganda Observer described as “brazen cross-border abductions” involving 36 Ugandan opposition supporters in July.
According to their lawyers, the group travelled to the Kenyan city of Kisumu for a training course. Still, they were deported to Uganda without the proper legal procedures, such as deportation orders or extradition requests.
Authorities in Uganda have levelled accusations against the suspects, claiming they are involved in covert activities that may be subversive and have caught the attention of security forces in Kenya.
However, the group refuted any misconduct allegations via their legal representative.
The Observer criticized Kenya’s actions, stating, “By permitting Ugandan security operatives to enter its borders and effectively abduct these individuals, Kenya has neglected its responsibility to protect the freedom and welfare of everyone within its territory, irrespective of their nationality or political ties.”
In May of last year, Yusuf Ahmed Gasana, a Rwandan human rights defender, was taken from his residence in Nairobi by unknown individuals and has remained missing ever since.
According to information obtained by Gasana’s family, he is currently being held in a clandestine detention facility in Rwanda alongside several others who have not yet faced charges. Among the notable cases are:
South Sudanese refugee Mabior Awikjok Bak was reportedly abducted in Nairobi last February by individuals allegedly dressed in Kenyan police uniforms. A government critic, he currently finds himself in arbitrary detention in his home country.
In October 2022, Arshad Sharif, a Pakistani journalist, was fatally shot by police outside Nairobi. This incident occurred just two months after he had sought refuge in Kenya, having fled his home country of Pakistan. Authorities have reported that the incident was a result of mistaken identity.
Nnamdi Kanu, a prominent separatist leader from Nigeria, claims he was apprehended in 2021 at a Kenyan airport before being transferred to Nigerian intelligence authorities. He is currently undergoing a trial, confronting allegations of terrorism and incitement. Both governments have refuted any involvement in the arrest.
For individuals looking for safety in Kenya, the situation is alarming.
“I am no longer active on social media due to threats from various sources,” stated a Rwandan refugee, who has been living in Kenya for over a decade and has been critical of the Rwandan government, in an interview with the BBC.
The 40-year-old suspects Kenyan authorities are collaborating with Rwandan officials to locate him.
“Returning home is not possible for my family and me, yet we live in constant fear here,” he stated.
“I fear that being reached by those we are trying to escape is a significant possibility,” the refugee stated.
In response to the escalating threat, over 3,000 refugees and asylum seekers are presently residing under the care of the Refugee Consortium of Kenya (RCK), a non-governmental organization dedicated to their protection.
According to Shadrack Kuyoh, the lead researcher at the RCK, concerns over potential arrest, charges, or extradition are vital factors driving individuals to seek assistance from the organization, as reported by the BBC.
The deportation of refugees has been described as a violation of the Refugees Act of Kenya, which aims to protect individuals from being sent back to places where they could encounter danger.
The situation regarding the Turkish nationals following their deportation is still uncertain.
Reports indicate that the four individuals were associated with the Gulen movement, which is named after Turkish Muslim cleric Fethullah Gulen and is known for operating schools in Kenya and various other regions globally.
The deportation occurred shortly after the death of Gulen, whom Turkey has accused of orchestrating a failed coup in 2016, indicating a potential exploitation of his passing to intensify actions against his supporters.
Bishop Willybard Kitogho Lagho, chair of the Interreligious Council of Kenya, characterized the four individuals as “peace-loving people” engaged in humanitarian efforts.
“The recent abductions highlight increasing worries regarding the safety of refugees and asylum seekers in Kenya,” he stated.
Edgar Githua, a foreign policy analyst from Kenya, argued that the government should have transferred responsibility to the UN refugee agency to protect itself from potential backlash.
Kenya’s international reputation has suffered significant damage. This statement is likely to be referenced for years to come. “We cannot reverse our actions,” he stated.
