The government has been ordered to explain why Zimbabwean activist Brian Kagoro is still being kept out of Kenya despite a court order allowing him to enter the country as he challenges his exclusion.
The High Court has given Attorney-General Dorcas Oduor 14 days to account for the continued denial of entry after Kagoro returned to court seeking enforcement of the orders issued in his case.
The development follows a fresh attempt by Kagoro to travel to Kenya, which ended with him being removed from a Nairobi-bound flight in Ethiopia last Tuesday.
Kagoro, who serves as Africa director of Open Society Foundations, had obtained court orders allowing him to enter Kenya pending the determination of a petition challenging the decision to exclude him.
His latest attempt to come to the country has brought the dispute back before the court, with the Attorney-General now required to explain why the government has not allowed him in despite the orders.
The activist had faced a similar situation in February after travelling from South Africa to Nairobi. He was stopped by immigration and security officers at Jomo Kenyatta International Airport (JKIA).
In court papers, Kagoro said he was detained and interrogated for 15 hours before being deported.
His exclusion has been linked to accusations by security agencies that Kagoro and Open Society Foundations were attempting to destabilise the government by sponsoring street protests.
Kagoro, however, has previously been granted residence status in Kenya when he was based in Nairobi full-time. He has also been permitted to enter the country on several occasions.
His family also lives in Nairobi, adding to the circumstances surrounding his challenge against the decision to keep him out of Kenya.
In February, Kenya declared the 51-year-old persona non grata, a decision that effectively barred him from entering the country.
The declaration has since become a central issue in Kagoro’s legal challenge, with the activist seeking to have the earlier court orders allowing his entry respected.
The latest High Court directive now requires the Attorney-General to provide an explanation for the continued denial of Kagoro’s entry despite the orders already issued in the case.
The 14-day deadline comes after his removal from the flight in Ethiopia, creating another point of contention in the ongoing legal dispute over whether he should be allowed back into Kenya.