The Kenyan Section of the International Commission of Jurists (ICJ
Kenya) expresses its grave concern and strongly condemns the recent detention and
subsequent expulsion of Mr Brian Kagoro, a renowned Pan-Africanist, Zimbabwean
lawyer and human rights defender, who also serves as the Africa Director of the Open
Society Foundation (OSF).
Mr Kagoro’s track record in advancing good governance, human rights and the rule of law
across Africa and globally has set him out as one of the most celebrated Africans today.
ICJ Kenya, learnt from reliable sources that in the afternoon of 22 February 2026,
security officers denied Mr Kagoro entry into Kenya. The security officers subjected him
to treatment that is inconsistent with Kenya’s longstanding tradition of regional
hospitality and constitutional fidelity.
Mr Kagoro was not provided with any explanation
for the reasons he was held, and neither was he given a written notification detailing the
reasons for the denial of entry.
This development reflects a broader pattern of repression against independent civic
actors, civil society human rights defenders and media, with the intention of silencing
independent voices across Kenya and dismantling the increasingly limited space that
remains for accountability, justice and the defence of human rights.
ICJ Kenya is alarmed by accounts reported in the media as to why Mr. Kagoro could have
been denied entry into Kenya, particularly because there appears to be a conflation of
legitimate civic education and citizen empowerment programs, with accusations of
unlawfully fomenting dissent against the government.
Empowering citizens to know, understand, and claim their constitutional rights is a fundamental pillar of any
democracy. It is the very essence of civic engagement, not a threat to state security. To
characterise such efforts as subversive is a dangerous departure from the principles
enshrined in Kenya’s Constitution.
Kenya has historically been a beacon of democratic progress in the region, largely due to
its vibrant civil society movement.
This robust civic space has been instrumental in shaping the nation’s progressive legal framework. The Constitution of Kenya (2010), celebrated globally for its transformative and human rights-centric provisions, is itself a product of sustained civil society engagement, advocacy, and campaigning.
The detention and expulsion of individuals who support and collaborate with civil
society undermines the very fabric of our democratic achievements.
Regrettably, it follows a disturbing pattern of misuse of the state security and immigration apparatus to
clamp down on civic space, including through allegations of foreign interference and
subversion. Such actions are inconsistent with the letter and spirit of the Constitution,
specifically contravening Articles 36, 33, and 35 on the freedom of association, freedom
of expression, and the right to access information, respectively.
These actions risk eroding the hard-won gains in civic space and citizen participation that
have defined Kenya’s post-2010 trajectory.
ICJ Kenya calls upon;
The Government of Kenya to:
Kenya’s strength lies in its diversity of thought and its constitutional promise of
freedom for all. ICJ Kenya urges the state to return to the path of protecting these
freedoms and upholding the integrity of our Constitution.
Immediately provide a full, official, transparent and legally sound explanation
regarding the circumstances leading to the denial of entry, detention and expulsion
of Mr. Brian Kagoro, given that this is just one of the numerous visits he has made to
Kenya for decades;
Allow immediate and unrestricted access to all human rights defenders possessing
valid documentation into the country, refraining from any form of politically
motivated discrimination;
Immediately cease all measures demonstrating complicity in Kenya’s repression
against civil society and human rights defenders, specifically against organisations
and individuals supporting Kenyan civic actors.
End all acts of harassment against human rights defenders and those who
legitimately support their work.
Publicly reaffirm its commitment to protecting and promoting civic space, in line
with the Constitution of Kenya and international human rights norms, including the
fundamental freedoms of all human rights defenders, civil society organisations,
and members of the public to free association, expression and information.
Ensure that security and immigration powers are exercised in a manner consistent
with the rule of law and the Bill of Rights, avoiding any actions that chill legitimate
civic participation.
Regional and International actors to:
Urge the government of Kenya to end its harassment of all civic actors, human
rights defenders and journalists and to guarantee the protection of the legitimate
work of these important actors in democratic societies.
