Information on the current status of refugees in Kenya, on their rights and on whether Kenya protects them from non-refoulement (forced repatriation) [KEN15709.E]

Reports available to the DIRB indicate that refugees in Kenya have been targets for harassment, forced repatriation and rape (News From Africa Watch 4 Oct. 1993; 11 Dec. 1990; BBC Summary 7 July 1993; Documentation-Réfugiés 2 Aug. 1993; Xihnua 23 July 1993).

According to a report of the BBC Summary of World Broadcasts, 1336 Somali refugees were reported to have been forcibly repatriated (27 July 1993). The permanent secretary of the Ministry of Home Affairs and National Heritage reportedly denied this and maintained that those returned were not genuine refugees but "a group of bandits and their sympathisers who have been involved in banditry activities across the Kenya border." He further stated that the number of 1336 was not accurate as only 750 refugees (300 women, 400 children and 50 men) were repatriated (ibid.). In another report, a Kenyan minister allegedly accused refugees of involvement in the illegal sale of arms (Xinhua 23 July 1993).

According to the Ghanaian Times of 17 February 1989, seven soccer players from Somalia claimed refugee status in Kenya. They were reportedly detained when the UNHCR handed them over to the government for processing, and the office of the UNHCR in Nairobi was denied access to them (ibid.). In 1990, 1000 refugees were reported to have been forcibly repatriated from Kenya after a directive issued by President Moi requiring Ugandan and Rwandan refugees to leave the country "immediately" (News from Africa Watch 11 Dec. 1990). For additional reading on this topic, please refer to the attached documents.

This response was prepared after researching publicly accessible information currently available to the DIRB within time constraints. This response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

References

BBC Summary of World Broadcasts. 27 July 1993. "Kenya: Government Denies that Somali Refugees Have Been Forcibly Repatriated." (NEXIS)

Documentation-Réfugiés [Paris]. 20 July-2 August 1993. No. 221. "Kenya."

Ghanaian Times [Accra]. 17 February 1989. "UNHCR Laments over Kenyan Action."

News from Africa Watch [New York]. 4 October 1993. Vol. 5, No. 1. "Seeking Refuge, Finding Terror."

. 11 December 1990. "Kenya: Illegal Expulsion of More than 1000 Refugees."

The Xinhua General Overseas News Service. 23 July 1993. "Refugees in Kenya Sell Arms, Says Kenyan Minister." (NEXIS)

Attachments

BBC Summary of World Broadcasts. 27 July 1993. "Kenya: Government Denies that Somali Refugees Have Been Forcibly Repatriated." (NEXIS)

Documentation-Réfugiés [Paris]. 20 July-2 August 1993. No. 221. "Kenya."

Ghanaian Times [Accra]. "UNHCR Laments Over Kenyan Action."

News from Africa Watch [New York]. 4 October 1993. Vol. 5, No. 1. "Seeking Refuge, Finding Terror."

. 11 December 1990. "Kenya: Illegal Expulsion of More than 1000 Refugees."

The Xinhua General Overseas News Service. 23 July 1993. "Refugees in Kenya Sell Arms, Says Kenyan Minister." (NEXIS)