The Open Society Foundations has expressed concerns over Kenya's commitment to the rule of law following the authorities' refusal to allow its Managing Director for Africa, Zimbabwean Brian Kagoro, into the country despite a court order permitting his return. Kagoro was initially deported in February after being detained for more than 10 hours at Jomo Kenyatta International Airport.
Open Society Foundations denied allegations that it funds or organises political protests and stated that no evidence has been presented to substantiate claims that Kagoro was involved in financing or coordinating political unrest in Kenya. The foundation said Kagoro was not formally charged or provided with written reasons for the decision to deny him entry.
Kagoro was due to return to Kenya on Tuesday last week after securing court orders allowing his entry, but he was taken off a Nairobi-bound flight in Ethiopia. The foundation said this decision amounted to a disregard of the court order and raised questions about transparency and due process in the handling of Kagoro's case.
Attorney General Dorcas Oduor was granted 14 days by the High Court to explain why Kagoro was denied entry for a second time despite the court orders. This development has renewed scrutiny over Kenya's treatment of civil society organisations and human rights actors.
Open Society questioned Kenya's commitment to the rule of law and democratic principles. Kagoro's initial deportation followed his detention at JKIA, where he was held for more than 10 hours before authorities issued a removal order directing the airline to return him to Johannesburg.
Kagoro's case comes against the backdrop of another deportation involving a senior human rights official. Martin Mavenjina, a senior legal adviser at the Kenya Human Rights Commission, was deported from Kenya on July 5, 2025, in circumstances that the commission linked to concerns over civic space and the treatment of human rights defenders.
The two cases have raised concerns among civil society groups over what they describe as increasing restrictions on civic space and the activities of human rights organisations in Kenya. The Open Society Foundations has maintained that Kagoro has never been charged with or convicted of a criminal offence and described the action against him as lacking transparency and due process.
Key points
- The Open Society Foundations has questioned Kenya's commitment to the rule of law following the authorities' refusal to allow Brian Kagoro into the country despite a court order permitting his return.
- Kagoro was denied entry to Kenya for a second time despite securing court orders allowing his entry.
- The cases have raised concerns among civil society groups over increasing restrictions on civic space and the activities of human rights organisations in Kenya.
