Is Kenya a safe haven for refugees? Experts weigh in

The Kenyan government is facing backlash after repatriating four Turkish nationals who were allegedly abducted in Nairobi last Friday.

The United Nations Refugee Agency (UNHCR) condemned the move, urging Kenya to adhere to its international legal obligations.

"We are deeply concerned by this development. We call on Kenya to respect the principle of non-refoulement, which protects asylum-seekers and refugees from being sent to a place where their lives or freedom would be threatened,” the UNHCR said in a response to the BBC.

The controversy follows confirmation from Foreign Affairs Principal Secretary Korir Sing’Oei that the four Turkish nationals were repatriated at Turkey’s request.

“The Ministry of Foreign and Diaspora Affairs has received assurances from Turkish authorities that the four will be treated with dignity, in compliance with national and international law.

Kenya is committed to the privacy of these individuals and will not respond to media inquiries until the inter-agency review of the case is complete,” Sing’oei said.

The repatriation involved seven foreigners who were allegedly abducted by masked men in Nairobi’s Kileleshwa estate.  

Three of the detainees were released, while four were repatriated despite being registered asylum-seekers under UNHCR, which provides them with protections against forced return to Turkey, where they fear persecution.

As Kenya faces growing scrutiny, experts agree that the country’s long-standing role as a host for refugees depends on its respect for global protections and human rights standards.

Human rights lawyer Robert Macharia told The Standard that Kenyan law affords refugees essential protections, including freedom of movement, the right to work, and property rights.

"The Refugee Act provides safeguards that cannot be ignored," Macharia said.

"Section 37 also grants refugees the right to voluntary repatriation if they choose to return to their country.”

Joan Muchiri of the Refugee Consortium of Kenya echoed these concerns, noting Kenya risks damaging its reputation in its treatment of refugees.

"Kenya appears to have violated international laws by repatriating the four asylum-seekers registered with UNHCR, who were under protection from forced return to a country where they face threats to their freedom," she stated.

Refugee Protection Act

The 2021 Refugee Protection Act, signed by former President Uhuru Kenyatta, affirms Kenya’s commitment to protecting refugees in alignment with both the UN Refugee Convention and the African Union’s refugee protocols.