35 Ugandans file landmark petition over alleged cross-border abduction by Kenyan forces

Thirty-five Ugandan nationals affiliated with the Forum for Democratic Change (FDC) party have filed a petition against the Kenyan government, accusing its security agencies of unlawful arrest, assault, and forcible deportation in violation of their fundamental rights.

According to court documents, the petitioners state that they lawfully entered Kenya on July 23, 2024, to attend a week-long leadership training workshop at the Ukweli Pastoral Centre in Kisumu County. They maintain that their entry was duly sanctioned by Kenya’s Department of Immigration, solely for the purpose of participating in the event.

One of the petitioners, a registered refugee residing in Kenya and serving as Director of the Community Support Initiative for Refugees, said he travelled from Nairobi to Kisumu to meet the group and had arranged to spend the night at the same facility.

Lodgings raided

The petitioners allege that later that night, armed men believed to be members of both Kenyan and Ugandan security forces raided their lodgings, physically assaulted them, and carried out arbitrary arrests.

They claim they were then driven under armed escort across the Kenya-Uganda border and handed over to Ugandan authorities in the dead of night—without being informed of any charges or subjected to due legal process.

In support of their case, the group cited a statement released on July 29, 2024, by Uganda Police Force spokesperson ACP Rusoke Kituuma, confirming that the 35 Ugandans had been arrested by Kenyan security agencies and later transferred to Ugandan authorities. The statement alleged that the group was involved in “covert subversive activities” that had drawn the concern of both governments.

The petitioners, however, rejected the allegations, arguing that the actions of the two countries’ security agencies violated several provisions of the Constitution of Kenya (2010). They cited infringements on their rights to human dignity, freedom and security of the person, movement, fair administrative action, and fair trial as guaranteed under Articles 28, 29, 39, 47, and 49(1) of the Constitution.

No reasons given

They further contend that they were never informed of the reasons for their arrest, denied access to legal representation, and were not presented before any Kenyan court as required by law. One petitioner, a recognised refugee, added that his deportation contravened both Kenyan law and international refugee protections, particularly provisions under the Refugee Act, 2021.

Upon arrival in Kampala, the group claims they were detained incommunicado for several days before being charged on July 29, 2024, with allegedly providing or receiving terrorism training, contrary to Sections 6(1)(b) and 2(b) of Uganda’s Anti-Terrorism Act, Cap 120.

The petitioners filed their case under Articles 22 and 258 of the Constitution of Kenya, seeking judicial enforcement of their constitutional rights and a declaration that the actions of Kenyan security agencies violated both domestic and international law, as provided under Articles 2(5) and 2(6) of the Constitution.

They maintain that no extradition proceedings, warrant of arrest, or deportation orders were ever issued against them, rendering their removal from Kenya “unconstitutional and unlawful.”

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