Institute for Migrant Rights
Railway line at Cianjur station, c. 1890 · KITLV, CC BY 4.0

Migration Jurisprudence from the South › Kenya

Kituo cha Sheria v. Attorney General (urban refugees)

High Court of Kenya · Kenya · 2013-07-26 · National court

Citation: Petition 19 & 115 of 2013
Type of case: Constitutional and human rights
Outcome: Decided for the migrant side

Question

May the government order all urban refugees to move to camps?

What the court decided

No. The directive breached freedom of movement and the rule against refoulement and was quashed.

In plain language

Kenya ordered refugees living and working in cities to move to camps. The High Court said the order was unlawful because it took away their freedom of movement.

Dalam bahasa sederhana

Kenya memerintahkan pengungsi yang tinggal dan bekerja di kota pindah ke kamp. Pengadilan Tinggi menyatakan perintah itu tidak sah karena merampas kebebasan bergerak mereka.

Pertanyaan: Bolehkah pemerintah memerintahkan semua pengungsi di kota pindah ke kamp?

What happened afterwards

  • 2012-12: Encampment directive issued.
  • 2013-07-26: Directive quashed.

Sources

Open this decision in the interactive collection (compare, filter, Indonesian view, downloads).

Cite as: Institute for Migrant Rights (2026), Migration Jurisprudence from the South, version 0.1, https://theimr.org/court-decisions/d/ke-kituo-2013/. This page summarizes a court decision for research and advocacy; it is not legal advice.

For researchers

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Keywords: case law; jurisprudence; judicial decisions; comparative constitutional law; courts and migration; judicial behavior; litigation outcomes; refugee law; non-refoulement; citizenship and nationality; empirical legal studies; empirical legal scholarship; quantitative legal research; statistical analysis in law; law and economics; law and economics of migration; comparative law; socio-legal studies; legal pluralism; migration law; labor migration; migrant workers’ rights; human rights law; access to justice; Global South; Asia; Africa; Middle East; Latin America; Indonesia; open data; replication data.