Kenya defends stricter asylum screening for Ethiopian, Eritrean applicants
The government explained that the process remains open, particularly for women, children, people with disabilities, and those who have experienced trauma.
Kenya has defended its decision to screen asylum applications from Ethiopia and Eritrea more carefully, saying each case is now being reviewed individually to protect genuine refugees while addressing security and trafficking concerns.
The government explained that the process remains open, particularly for women, children, people with disabilities, and those who have experienced trauma.
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According to Mercy Mwasaru, the acting Commissioner for Refugee Affairs, the directive issued on July 31 does not amount to a blanket ban but rather a controlled review meant to ensure compliance with international standards.
Mwasaru said more than 100 asylum applications from the two countries have already been accepted since the new approach began.
“The review of asylum applications continues in line with the principle of non-refoulement,” Mwasaru said, referring to the global rule that forbids returning anyone to a country where they face persecution, torture, or grave harm.
Several organisations, including the Refugee Legal Networks, Kenya National Commission on Human Rights, Refugee Consortium of Kenya, Kituo Cha Sheria, and Sanctuary Foundation, have filed a petition in the High Court challenging the directive.
They argue that it unlawfully limits the rights of asylum seekers and undermines Kenya’s obligations under both national and international refugee law.
The groups said the suspension of registrations, exemptions, and data transfers effectively stripped asylum seekers of their ability to update their legal status, putting them at risk of arrest or deportation.
“The said directive or moratorium is a violation of the rights and fundamental freedoms of refugees and asylum seekers of Ethiopian and Eritrean origin living in Kenya on the basis of their race,” they said in their court filings.
They further accused the government of breaching the principle of non-refoulement by denying refugees the chance to formalise their stay, warning that some could be forced back into countries facing war, repression, or serious human rights abuses.
“The issuance of a blanket notice suspending the registration of refugees and asylum seekers constitutes a direct and continuing breach of the principle of non-refoulement, both under Kenyan law and binding international instruments,” the organisations said.
However, the government insists the decision was informed by reports indicating that some individuals posing as asylum seekers were being trafficked through Kenya to other destinations such as South Africa and Libya.
Authorities say the stricter review process will help distinguish legitimate refugees from those misusing the system.
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