Court halts government ban on asylum registration for Eritreans and Ethiopians
The High Court in Nairobi has temporarily suspended a government directive that stopped the registration of asylum seekers from Eritrea and Ethiopia.
Justice Chacha Mwita issued conservatory orders on October 2, 2025, barring the Interior Ministry and the Commissioner for Refugee Affairs from enforcing the July 31 directive, which had halted asylum registration for nationals of the two countries.
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The order will remain in effect until October 22, 2025, when the case will come up for further directions.
The ruling followed a petition filed by Refugee Legal Networks, the Refugee Consortium of Kenya, and three other petitioners challenging the legality of the government’s move. The petitioners argued that the suspension was unconstitutional and violated the rights of asylum seekers under both domestic and international law.
Matter urgent
In his decision, Justice Mwita said the conservatory order was necessary given the urgency of the matter and the potential harm that could result if the directive remained in force while the case was pending.
“The order is issued to preserve the status quo and prevent the possible adverse effects of the impugned decision while the court considers the application,” the judge stated.
The petitioners were directed to file and serve their written submissions, limited to five pages, within seven days of the order.
The respondents — the Cabinet Secretary for the Interior and the Commissioner for Refugee Affairs — will then have an equal period to file their responses.
Justice Mwita scheduled the matter for highlighting of submissions on October 22, 2025, at 11:30 a.m. in open court.
The case, which is before the High Court at Milimani, is expected to clarify how Kenya balances national security concerns with its international obligations to protect refugees and asylum seekers.
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