Protection of Rights of Urban Refugees in Kenya: Revisiting Kituo Cha Sheria v The Attorney General

Abstract

This article discusses the judgment in the landmark case of Kituo Cha Sheria & Others v Attorney General in the light of the emerging rights jurisprudence in the area of refugee rights. It also explores the impact the judgment could have on the articulation of the rights of urban refugees in Kenya. Based on the assumption that Kenya’s 2010 Constitution provides an opportunity for the robust enforcement of rights, the article analyses the key rights and protection imperatives that were at the centre of the dispute. These include the right to dignity, freedom of movement and to work, and also the principle of refoulement. These rights are at the core of the protection agenda for urban refugees.