Constitutional Court Ruling on Identity System Affects Tens of Thousands<\/p>\n
<\/a>(Nairobi, February 26, 2025) \u2013 The High Court in Garissa,\u00a0Kenya<\/a>\u00a0ruled<\/a>\u00a0on January 21, 2025, in favor of thousands of Kenyan nationals whose nationality and citizenship rights were\u00a0violated<\/a>\u00a0based on incorrect data that designated them as refugees instead of Kenyan citizens, Human Rights Watch and\u00a0Haki na Sheria\u00a0said today.<\/p>\n The registration of these Kenyan Somalis led to them being denied access to education, work, and passports. The ruling, which orders the Kenyan government to issue nationality documents to the applicants of the case, is an\u00a0important step<\/a>\u00a0for justice in the mistreatment of these applicants by the government and shows the need for robust safeguards and oversight of digital identity systems.<\/p>\n \u201cThe court\u2019s finding that the Kenyan government violated the rights of thousands of Kenyans by denying them citizenship for years is a positive step,\u201d said Yussuf Bashir, executive director of Haki na Sheria (\u201cJustice and Law\u201d in Swahili), which defends the rights of marginalized northern communities in Kenya. \u201cIt should now be followed by concrete remedial actions for all those affected, not just the applicants in this case.\u201d<\/p>\n The court ruled in favor of the applicants and ordered the government to remove from the refugee<\/span> database within 60 days the names of Kenyans incorrectly registered who have been screened, vetted, cleared, and declared to be Kenyan citizens. The court also ordered the government to collaborate with relevant agencies to activate or reactivate vetting committees to start new vetting processes within six months for other Kenyans facing the same predicament.<\/p>\n