Thirty-five Ugandan nationals affiliated with the Forum for Democratic Change (FDC) party leader Kizza Besigye have filed a constitutional petition against the Kenyan government, accusing security agencies of unlawful arrest, assault, and forcible deportation in violation of their constitutional rights.
According to court documents, the group claim that they lawfully travelled to Kenya on 23rd July 2024 to attend a seven-day leadership training at Ukweli Pastoral Centre in Kisumu County.
However, one of the petitioners, a refugee residing in Kenya and Director of the Community Support Initiative for Refugees, claims that he had travelled from Nairobi to Kisumu to meet with the other Petitioners and booked accommodation at the same centre for the night.
“All the Petitioners, except the 2nd Petitioner who was already in Kenya, were legally admitted into the country by the Department of Immigration for the purpose of attending the leadership workshop,” reads court papers
However, on the night of 23rd July 2024, the Petitioners claim they were assaulted, arbitrarily arrested, and forcibly removed from Kenya by armed individuals believed to be Kenyan and Ugandan security officers.
They allege they were driven across the border and handed over to Ugandan authorities in the middle of the night without due process.
“A statement released on 29th July 2024 by Uganda Police Force spokesperson ACP Rusoke Kituuma confirmed that the group had been arrested by Kenyan security forces and handed over to Uganda,” they argue
They says that The statement further alleged that the group was involved in covert subversive activities that drew the attention of Kenyan authorities.
The Petitioners contend that the actions by both countries’ security personnel forcibly entering their rooms, physically assaulting them, and deporting them without due process violated multiple constitutional protections under the Constitution of Kenya (2010), including their rights to dignity, freedom and security, movement, fair administrative action, and fair trial as guaranteed under Articles 28, 29, 39, 47, and 49(1).
They further argue that they were not informed of the reasons for their arrest, denied access to legal representation, and were never presented before a Kenyan court, as required by law.
“One of the Petitioners, being a recognized refugee, was entitled to protection under both Kenyan and international law, including the Refugee Act, 2021, but was still unlawfully deported,” that say.
It is their arguement that Upon arrival in Kampala, the Petitioners were held incommunicado for several days before being arraigned on 29th July 2024, a full week later.
They claim they now face charges of 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 Constitution, seeking enforcement of their fundamental rights and freedoms, and challenging the Kenyan government’s conduct as a violation of both domestic and international law under Articles 2(5) and 2(6) of the Constitution.
They note that no extradition proceedings, warrant of arrest, or deportation orders were ever issued against them, rendering their removal unconstitutional and unlawful.
Through their petition, the Ugandans are seeking general damages from the Kenyan government.
