Landmark Ruling Ends Decades of Statelessness for Kenyan Somalis
Garissa, Kenya – February 26, 2025 – In a major victory for thousands of Kenyan Somalis, the High Court in Garissa has ruled that the government must grant citizenship to individuals wrongly registered as refugees. The ruling, issued on January 21, 2025, mandates the removal of affected individuals from the refugee database and the issuance of national identity cards, restoring their rights as Kenyan citizens.
For decades, tens of thousands of Kenyan Somalis were incorrectly recorded as refugees, leaving them unable to access essential services, open bank accounts, seek formal employment, or obtain passports. Many of them, originally registered in refugee camps as children by struggling families seeking aid, were effectively rendered stateless by Kenya’s digital identification system.
Decades of Denied Rights
Since the early 1990s, thousands of Somali Kenyans were mistakenly enrolled in refugee databases as their families sought food and shelter in refugee camps amid drought and civil unrest. The misclassification meant that upon turning 18, these individuals were denied Kenyan national ID cards—a crucial document for accessing services and proving citizenship.
Without an ID, many were unable to attend university, secure legal employment, register marriages, or even travel freely within Kenya. Police checkpoints often led to detentions, as they were unable to provide proof of nationality.
A 34-year-old man who recently received his national ID after years of struggle expressed his relief:
“I am finally recognized as a Kenyan. I am no longer seen as a guest in my own country. Now, I can travel, work, and even go to university. I have succeeded!”
Court Orders Urgent Action
The court ruling directs the Kenyan government to remove eligible individuals from the refugee database within 60 days and to resume vetting processes for others still affected. The judgment also calls for a systemic overhaul to prevent similar cases in the future and ensure that no Kenyan is denied citizenship due to bureaucratic failures.
The decision follows years of legal advocacy by human rights groups, including Haki na Sheria, an organization fighting for marginalized communities in northern Kenya. Executive Director Yussuf Bashir praised the ruling but emphasized the need for immediate implementation:
“This is a significant step toward justice, but the government must act swiftly to restore the rights of all affected individuals—not just those named in the case.”
Challenges of Digital Identification Systems
The case highlights the dangers of poorly managed digital identity systems. The Kenyan government, in collaboration with the UN Refugee Agency (UNHCR), had registered refugees using biometric data, making removal from the database nearly impossible. Until this ruling, those wrongly classified had no clear legal process to correct their status.
Human Rights Watch’s Belkis Wille cautioned governments worldwide on the risks of flawed digital registration:
“This case demonstrates how digital identity systems can strip people of fundamental rights. Governments must ensure that these systems protect, rather than violate, citizenship rights.”
With the court’s decision in place, affected individuals are now hopeful for long-overdue recognition and access to basic rights. However, advocates stress that the Kenyan government must follow through with tangible actions, ensuring every affected citizen can reclaim their identity and participate fully in society.
Beyond issuing ID cards, the government is urged to provide compensation for years of denied opportunities and implement reforms to prevent similar injustices in the future.
For thousands of Somali Kenyans, this ruling marks not just a legal victory, but the start of a new chapter—one where they are no longer invisible in their own country.