The Open Society Foundations has accused the Kenyan government of disregarding a High Court order after its Africa managing director, Zimbabwean constitutional lawyer Brian Kagoro, was denied entry into the country despite a directive allowing him to return.
In a statement on Saturday, the foundation said the High Court had issued an order in June directing authorities to permit Kagoro to travel to Kenya pending the determination of a case challenging his deportation in February.
“The Open Society Foundations are concerned that the Kenyan government’s commitment to the rule of law is under question after it disregarded a court order,” the organisation said.
Kagoro was due to return to Kenya last Tuesday to meet his lawyers and attend proceedings linked to his case. However, he was removed from a Nairobi-bound flight after it had stopped in Addis Ababa, Ethiopia, and was prevented from continuing his journey.
The foundation said the decision to bar him from entering Kenya had prevented him from exercising his legal rights, including meeting his lawyers and attending proceedings related to his case.
“The decision to bar Kagoro from entering Kenya prevents him from being able to exercise his legal rights to meet his lawyers and attend any proceedings related to his case,” it said.
The High Court has since directed Attorney-General Dorcas Oduor to explain why Kagoro was denied entry for a second time despite the existing court order.
The court has given the Attorney-General 14 days to provide an explanation.
Kagoro was first denied entry in February after arriving at Jomo Kenyatta International Airport. He was detained and questioned for more than 10 hours before being deported to South Africa.
Open Society has denied allegations that Kagoro or the organisation was involved in financing or coordinating political protests in Kenya.
The February incident triggered a legal challenge by several rights organisations, including the Pan-African Lawyers Union, East Africa Law Society, Law Society of Kenya and the Kenyan Section of the International Commission of Jurists.
The High Court later issued conservatory orders allowing Kagoro to enter Kenya pending determination of the petition.
Open Society said Kagoro’s latest denial of entry had raised wider concerns about Kenya’s commitment to due process and the rule of law.
The case comes amid continued scrutiny of Kagoro’s February deportation, when authorities reportedly questioned him over allegations linking him to the organisation and funding of protests. Open Society has categorically rejected those allegations, saying it does not fund or organise political protests.