The Complainant alleges that he has been the subject of numerous violations which conflict with the African Charter. For that reason, the African Commission on Human and People’s Rights enabled the parties have this matter heard. The admissibility of communications and all relevant proceedings were dealt with accordingly in terms of the Charter.
Upon examination, the Commission accepted that the Complainant was forced to flee Kenya due to his political opinion and student activities. It was also satisfied that he is a refugee as per the UNHCR mandate and the OAU Convention. It was found that he had also exhausted all available local remedies. For that reason, the Commission accepted the Complainant’s facts as the facts of the case as they were not contested by the State.
The Commission found that the conduct on the part of the State has amounted to a violation of Article 6 of African Charter insofar as he was denied his right to liberty and security of his person. In a like manner, the deplorable conditions of his imprisonment were found to be a violation of Articles 5 and 6. While his denial of information and no trial before imprisonment was found to be in violation of Articles 9 and 10. Most importantly, the persecution which he was subject to as a result of his political opinion was found to be a limitation of the right to freedom of movement in Article 12.
Definition of a refugee
Persecution on the ground of political opinion
Voluntary repatriation
Right of refugees to freedom of movement
Right of refugees to freedom of expression
Right of refugees to freedom of association
The Complainant claims to be a leader of a student union at the University of Nairobi. He submits that he was forced to flee Kenya due to his political opinion after his relationship with the government turned sour which led to his arrest and detention. Among other things, he submits that his fleeing was a consequence of him demanding the establishment of a judicial commission on inquiry into the murder of his uncle, a former Kenyan Minister.
Before fleeing Kenya, he was arrested and detained for 10 months in deplorable conditions. He further claims that he initially fled to Uganda where his application of asylum was denied. Consequently, he left for the Democratic Republic of Congo where he has been residing ever since. Additionally, he alleges that when war broke out in the DCR, he became the subject of the UNHCR and their assistance programme
The Commission urges the Kenyan Government to facilitate the safe return of the Complainant if he desires such return.
The Commission thus found the Republic of Kenya in violation of Articles 5, 6, 9, 10 and 12 of the African Charter.