A Kenyan court has ordered the government to compensate a Congolese national Ksh1.8 million after she was twice denied entry into the country.
The Court Ruling
Justice Bahati Mwamuye awarded the foreigner Ksh1.5 million for unfair discrimination and violation of her right to fair administrative action. She was also granted Ksh184,756 in special damages for lost accommodation and travel expenses.
The judge further directed the government to stop violating her rights in the future. This includes denying her entry without valid reasons or using discriminatory practices.
What Happened
The DRC national was turned away at Jomo Kenyatta International Airport on September 21 and October 2, 2023. She claimed she had valid travel documents, a return ticket, confirmed accommodation, and relied on the Kenya–DRC visa waiver agreement that took effect on September 1, 2023.
She also told the court that she faced degrading treatment. She was denied access to legal counsel, basic amenities, and a fair administrative process.
Government’s Argument
The Interior Ministry defended its actions. It argued that visa waivers do not give automatic entry rights. Immigration officers, it said, still have the power to deny entry if conditions are not met.
The Ministry stated that the foreigner failed to show she had enough funds for her stay. It also claimed she posed a potential risk to national interests.
Court’s Decision
The court ruled that the visa waiver agreement did not strip Kenya of its power to control its borders. However, immigration officers failed to provide specific reasons for denying her entry. This, the judge said, breached her constitutional right to fair administrative action.
As a result, the government must pay her compensation and respect her travel rights under the East African Community Common Market Protocol.
