High Court Orders Interior Ministry to Pay DRC National Ksh1.8M for Unlawful Entry Denial
The High Court has ordered Interior Ministry to pay a (DRC) foreigner Ksh1.5 million for denying her entry into Kenya despite a valid visa-free agreement.
In the ruling, Justice Bahati Mwamuye directed Ministry of Interior and National Coordination to pay Ksh1.5 million for unfair discrimination and violation of the right to fair administrative action. The government was also ordered to pay Ksh184,756 in special damages to cover lost accommodation and travel expenses.
The petitioner, a DRC national, told the court she was twice denied entry into Kenya — on September 21 and October 2, 2023 — despite having valid travel documents, a round-trip ticket, confirmed accommodation and relying on the visa waiver agreement that took effect on September 1, 2023.
She was subjected to degrading treatment at Jomo Kenyatta International Airport, denied access to a lawyer and basic amenities and excluded from the administrative process. The denials she said were a clear violation of her rights under (EAC) Common Market protocol which provides for free movement of persons and workers across member states.
Kenya removed visa requirements for DRC nationals effective September 1, 2023, reclassified the country from Category 2 to Category 1 under its visa classification system. The reciprocal agreement allowed nationals from both countries to visit each other for up to 30 days without a visa.
But the Interior Ministry defended its actions saying visa waivers do not guarantee automatic entry. Immigration discretion it said remains subject to the Kenya Citizenship and Immigration Act, 2011 which requires proof of admissibility at the border.
According to the Ministry, the foreigner failed to demonstrate sufficient means of subsistence for her stay despite claiming to have at least Ksh64,400 ($500) for a two-week vacation. Immigration officers also said she posed a risk to national interests.
The state argued that judicial interference in immigration decisions should only occur in extreme cases of blatant illegality which it said had not been proven. Officials also said the foreigner’s petition misinterpreted the Kenya-DRC visa waiver agreement and potentially undermined the country’s sovereignty.
But Justice Mwamuye disagreed. In his ruling he said the visa waiver agreement did not remove Kenya’s powers to control its borders but was meant to simplify travel procedures between the two countries.“The agreement does not amend the Kenya Citizenship and Immigration Act nor does it abrogate Section 33 thereof. The waiver must therefore be interpreted as simplifying travel not as diminishing Kenya’s powers or the immigration officers’ constitutional duties,” the judge said.
However the court faulted the government for not providing “specific and sufficient” reasons for denying the petitioner entry. Mwamuye said this was a breach of the right to fair administrative action and unfair discrimination against the foreigner.
The judgment now sets a precedent on how Kenya will apply visa waiver agreements within the East African Community, balancing sovereign immigration control and travelers’ rights.
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High Court Orders Interior Ministry to Pay DRC National Ksh1.8M for Unlawful Entry Denial