The Open Society Foundations has expressed concern that the Kenyan government disregarded a High Court order to allow its Africa managing director, Zimbabwean constitutional lawyer Brian Kagoro, to enter the country. In a statement, the foundation said the High Court had issued an order in June directing authorities to permit Kagoro to travel to Kenya pending the determination of a case challenging his deportation in February. The order was ignored when Kagoro was denied entry into Kenya last Tuesday.
Kagoro was due to return to Kenya to meet his lawyers and attend proceedings linked to his case. However, he was removed from a Nairobi-bound flight after it had stopped in Addis Ababa, Ethiopia, and was prevented from continuing his journey. The foundation said the decision to bar him from entering Kenya had prevented him from exercising his legal rights, including meeting his lawyers and attending proceedings related to his case.
The High Court has since directed Attorney-General Dorcas Oduor to explain why Kagoro was denied entry for a second time despite the existing court order. The court has given the Attorney-General 14 days to provide an explanation. This latest development has raised wider concerns about Kenya's commitment to due process and the rule of law.
Kagoro was first denied entry in February after arriving at Jomo Kenyatta International Airport. He was detained and questioned for more than 10 hours before being deported to South Africa. Open Society has denied allegations that Kagoro or the organisation was involved in financing or coordinating political protests in Kenya.
The February incident triggered a legal challenge by several rights organisations, including the Pan-African Lawyers Union, East Africa Law Society, Law Society of Kenya and the Kenyan Section of the International Commission of Jurists. The High Court later issued conservatory orders allowing Kagoro to enter Kenya pending determination of the petition.
Open Society said Kagoro's latest denial of entry had raised wider concerns about Kenya's commitment to due process and the rule of law. The case comes amid continued scrutiny of Kagoro's February deportation, when authorities reportedly questioned him over allegations linking him to the organisation and funding of protests.
Open Society has categorically rejected those allegations, saying it does not fund or organise political protests. The organisation remains concerned that the Kenyan government's actions may undermine its commitment to the rule of law and due process.
Key points
- The Kenyan government ignored a High Court order to allow Brian Kagoro to enter the country.
- Kagoro was denied entry into Kenya for the second time despite a court order allowing him to enter.
- The case has raised concerns about Kenya's commitment to due process and the rule of law.
