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Court blocks Kenya's bid to close Dadaab refugee camp

Thursday February 09 2017

A Kenyan High Court has blocked the government's plan to close the Dadaab refugee camp.

Justice John Mativo on Thursday ruled that Interior Cabinet Secretary Joseph Nkaissery and his Principal Secretary Karanja Kibicho acted beyond their powers in issuing the directive to close the camp that was set up 25 years ago to host Somali refugees.

The court declared the move unconstitutional and discriminative, declaring as null and void notices published in the Kenya Gazette announcing the repatriation of refugees.

The judge also directed the government to put into place mechanisms that ensure the Department of Refugees is functional.

The Kenya National Commission on Human Rights and and lobby group Kituo cha Sheria filed the suit last year after the government said the camp would be shut and about 270,000 Somali refugees repatriated.

Amnesty International was an interested party in the case.

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International laws

The activists argued that Kenya has an obligation under international laws to protect the rights of refugees and asylum seekers.

The directive to close the camp was issued in May 2016 over concerns of national interest on security of the country. The camp was set for closure November last year.

READ: Kenya delays closure of Somali refugee camp

The lobbies had argued that the directive was a blanket one, arbitrary, discriminative and contrary to international laws.

In one of the hearings, the court summoned PS Kibicho to appear in person and explain the government's position on the matter.

He told court that the decision had been reached as a measure to protect the country from security threats posed by the Somalia-based Al-Shabaab terrorist group.

According to the government the closure of one of the world's largest refugee camps and repatriation of refugees would be done in a humane manner.

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