A High Court judge in Nairobi has issued a temporary order blocking the Kenyan government from enforcing a directive that suspended the registration of asylum seekers from Eritrea and Ethiopia.
The ruling, delivered by Honourable Justice E.C. Mwita on October 2, 2025, grants a reprieve until October 22, 2025, and names the Commissioner of Refugee Affairs and the Cabinet Secretary for the Interior and Coordination of National Government as the respondents in the case. The order was issued in response to a petition filed by Refugee Legal Networks, the Refugee Consortium of Kenya, and three other petitioners.
In his ruling, Justice Mwita stated the conservatory order was necessary “given the urgency of this matter and the likely effects of the impugned decision while the Court considers the application.” The “impugned decision” refers to the government directive issued on July 31, 2025, which halted the asylum registration process for nationals of the two East African countries.
The court’s order effectively suspends the implementation of that directive, allowing for the potential registration of asylum seekers from Eritrea and Ethiopia to temporarily resume. The legal process is now set to move forward on a specific timeline as outlined by the court.The petitioners have been directed to file and serve their written submissions, not exceeding five pages, within seven days of the October 2nd order.
Once served,the government respondents will then have seven days to file and serve their own submissions,which are also limited to five pages.The next scheduled court event is a hearing for the highlighting of these submissions, set for October 22, 2025, at 11:30 a.m. in open court. This hearing will allow both parties to orally summarize their arguments before the judge.
The conservatory order is an interim measure and does not represent a final judgment on the legality of the government’s directive.Its purpose is to maintain the status quo and prevent potential harm that could result from the directive’s implementation while the court deliberates on the underlying constitutional challenge.The court document includes a penal notice, which serves as a formal warning that any disobedience of the order could result in penal consequences for those responsible.
The outcome of the upcoming hearing on October 22nd will determine the immediate next steps in this legal battle, which concerns the rights of asylum seekers and the procedures followed by the Kenyan government.The case at the Milimani Law Courts, continues to be under judicial consideration as the court works towards a resolution on the substantive issues raised in the petition.
