The government has been ordered to remove the names of hundreds of Kenyans who registered as refugees from the refugee data base.
High Court Judge John Onyiego said the government agencies should ensure the names of victims of double registration who have been screened, vetted, cleared and declared to be Kenyan citizens are struck from the refugees' data base within 60 days.
The judge said the victims should subsequently issued with necessary registration and identification documents among them, national identity cards or passports.
“That an order is hereby issued to the respondents to deregister within 60 days names of victims of double registration from the refugees' data base,” said the judge.
The close to 20,000 Kenyans who live near Kakuma and Daadab refugee camps were registered as refugees when they were children, so as to access services such as medicine and food.
The 14,762 victims from Garissa and another 4,952 persons from Wajir counties moved to court in 2021 to compel the government to remove their names from the refugees’ data base and be issued with IDs.
They said they have missed out on formal employment, opening a bank accounts, having access to business premises, having access to health services and education after the high school level because of lack of IDs.
The court noted that the government initiated the vetting of double registered persons sometime in the year 2019 with a promise to issue national identity cards and other registration documents but the process was halted.
Justice Onyiego noted that the government did not deny the fact that there are indeed cases of double registration involving Kenyans in the affected areas, who falsely disguised themselves as refugees thus voluntarily “disowning their citizenship at the altar of short-term refugee status benefits”, owing to the suffering they were undergoing.
The judge said had the government made available basic provision like food, water, shelter or health services, the situation would not have arisen.
“Similarly, due diligence ought to have been applied by the concern registration agencies by sieving and ascertaining genuine refugees. Although the victims voluntarily lied of their status, it was inevitable,” said the judge.
The court said double registration alone cannot be a ground for one to lose their citizenship which is their birth right or be declared stateless.
“They deserve to repossess it no matter what subject to following due process within a reasonable period of time,” added the judge.
The court said in as much the ministry of interior has the power to constitute the vetting committees to screen double registration victims, it has an obligation to act efficiently, reasonably and without undue delay.
“Further delay will mean loss of further opportunities like employment, business, free movement, lack of enjoyment of basic necessities like education and the higher education loan facility (Helb) and health care all of which are constitutional entitlements and now being infringed on,” said the judge.
