According to court documents, the petitioners claim they lawfully entered Kenya on July 23, 2024, to attend a week-long leadership training workshop at the Ukweli Pastoral Centre in Kisumu County.

The group maintains that they were legally admitted into the country by Kenya’s Department of Immigration for the sole purpose of participating in the event.

One of the petitioners, a registered refugee residing in Kenya and the Director of the Community Support Initiative for Refugees, stated that he had travelled from Nairobi to Kisumu to meet the group and had booked accommodation at the same facility for the night. 

However, the petitioners allege that on the night of July 23, armed individuals believed to be members of Kenyan and Ugandan security forces stormed their lodgings, assaulted them, and carried out arbitrary arrests.

They claim they were driven across the border under armed escort and handed over to Ugandan authorities in the middle of the night—without being informed of any charges or due legal process. 

In their filing, the group cites a statement issued on July 29, 2024, by Uganda Police Force spokesperson ACP Rusoke Kituuma, which confirmed that the 35 individuals had been apprehended by Kenyan security personnel and subsequently transferred to Ugandan authorities.

The statement alleged that the group had been involved in “covert subversive activities” that had drawn the attention of both governments.

The petitioners, however, reject these claims, arguing that the actions of the two countries’ security agencies violated multiple provisions of the Constitution of Kenya (2010).

They cite breaches of their rights to human dignity, freedom and security of the person, movement, fair administrative action, and fair trial, as guaranteed under Articles 28, 29, 39, 47, and 49(1).

They further contend that they were never informed of the reasons for their arrest, denied access to legal representation, and were not presented before any Kenyan court as required by law.

One petitioner, a recognized refugee, asserts that his deportation contravened both Kenyan law and international refugee protections, including provisions of the Refugee Act, 2021.

Upon arrival in Kampala, the group claims they were held incommunicado for several days before being charged on July 29, 2024 with allegedly providing or receiving terrorism training, contrary to Sections 6(1)(b) and 2(b) of Uganda’s Anti-Terrorism Act, Cap 120.

The petitioners have brought their case under Articles 22 and 258 of the Kenyan Constitution, seeking judicial enforcement of their constitutional rights and an acknowledgment that the actions of Kenyan security agencies violated both domestic and international law as provided under Articles 2(5) and 2(6) of the Constitution.

They further note that no extradition proceedings, warrant of arrest, or deportation orders were ever issued against them, rendering their removal from Kenya “unconstitutional and unlawful.” By Dzuya Walter, Citizen Digital