Kenya: Denial of entry, detention and deportation of Zimbabwean human rights defender Mr Brian Kagoro

The Observatory for the Protection of Human Rights Defenders, a partnership of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), requests your urgent intervention in the following situation in Kenya.

Description of the situation:

The Observatory has been informed about the denial of entry, detention and deportation from Kenya of Mr Brian Kagoro, Zimbabwean human rights defender, constitutional lawyer, and Africa Director of the Open Society Foundations (OSF). Mr Brian Kagoro has long engaged in African human rights and governance initiatives.

On 22 February 2026, Kenyan security authorities denied Mr Brian Kagoro entry into Kenya upon his arrival at Jomo Kenyatta International Airport in Nairobi. Officers from the National Intelligence Service held him at the airport for more than 10 hours and questioned him on the basis of allegations made by the Kenyan authorities that he had been involved in financing and coordinating protest activities in Kenya. During this period, authorities denied him access to a lawyer and prevented him from contacting his family or colleagues.

Mr Kagoro rejects all the allegations and as an illustration of the false nature of these accusations, the authorities did not present any formal charges or any material evidence.

Following his detention, immigration officials issued a removal order authorising the air carrier to return him to Johannesburg, South Africa, from where he had travelled. The removal order reportedly cited Section 54 of the Kenya Citizenship and Immigration Act of 2011, which relates to documentation-related offences, without any written explanation clarifying the factual basis.

At the time of publication of this urgent appeal, Kenyan authorities have not formally issued any public information to explain the circumstances that led to their actions, nor have they announced any criminal charges against Mr Kagoro.

The Observatory recalls that his deportation from the country ended a two-decade presence in Nairobi, where Mr Kagoro had established professional, academic and civic activities since the mid-2000s, when Nairobi consolidated its position as a regional hub for governance initiatives.

This incident follows increased scrutiny by Kenyan authorities of civic actors and alleged foreign involvement in protest movements, particularly after the 2024 nationwide demonstrations against the Finance Bill. Indeed, Mr Kagoro's deportation is not an isolated case, as the Observatory has already expressed concern about the deportation of Mr Martin Mavenjina, a senior legal advisor at the Kenya Human Rights Commission (KHRC), on 5 July 2025 for similar reasons. As another illustration, Kenya has been added to the CIVICUS Monitor Watchlist due to the escalation of repression of civic freedoms. These developments raise serious worries regarding the protection of civic space in Kenya and the ability of human rights defenders and civil society actors to operate without interference.

The Observatory further recalls that Kenya must comply with its obligations under international and regional human rights law, including the rights to liberty, freedom of movement, freedom of expression, peaceful assembly and association, as enshrined in Articles 9, 12, 19, 21 and 22 of the International Covenant on Civil and Political Rights (ICCPR), as well as in Articles 9, 10 and 11 of the African Charter on Human and Peoples’ Rights (ACHPR). Moreover, Article 47 of the Kenyan Constitution guarantees the right to fair administrative action, including the right to written reasons where rights are adversely affected.

The Observatory considers that these administrative measures and patterns of harassment prevent human rights defenders from delivering public interventions or engaging in governance-related initiatives and undermine the democratic participation and respect of human rights in the country.

The Observatory is extremely concerned about the absence of written reasons, the lack of formal charges, and the reliance on unsubstantiated allegations which raise serious concerns regarding due process guarantees and the principle of legality.

Therefore, the Observatory strongly condemns the denial of entry, detention and deportation of Mr Brian Kagoro, which appear to be solely aimed at preventing him from engaging in legitimate human rights activities and interacting with civil society actors in Kenya.

Actions requested:

Please write to the authorities of Kenya asking them to:

1. Guarantee in all circumstances the physical integrity and psychological well-being of Mr Brian Kagoro and all human rights defenders in Kenya;
2. Provide a full, official, transparent and legally reasoned explanation of the legal and factual basis for denying Mr Brian Kagoro entry, detaining him and deporting him from Kenya;
3. Ensure that all measures taken in relation to Mr Kagoro fully comply with Kenya’s obligations under the Constitution, the ICCPR and the ACHPR, including the rights to liberty, freedom of movement, freedom of expression, peaceful assembly and association, and the right to fair administrative action;
4. Guarantee in all circumstances that human rights defenders, including foreign nationals engaging in legitimate civic activities, can carry out their work without arbitrary interference, harassment, intimidation, restrictions or reprisals.

Addresses

• H.E. Mr William Samoei Ruto, President of Kenya ; E-mail: feedback@president.go.ke, X: @WilliamsRuto
• Mr. Onesimus Kipchumba Murkomen, Cabinet Secretary for Interior and National Administration ; E-mail: cs.interior@kenya.go.ke, X: @kipmurkomen
• Dr. Belio Kipsang, Principal Secretary for the State Department for Immigration and Citizen Services, Email: ps@interior.go.ke
• Hon Musalia Mudavadi, Prime Cabinet Secretary and Cabinet Secretary for Foreign and Diaspora Affairs ; E-mail: info@mfa.go.ke, X: @MusaliaMudavadi
• H.E. Ms. Fancy Chepkemoi Too , Ambassador Extraordinary and Plenipotentiary of Kenya to the United Nations in Geneva; E-mail: mission.kenya@ties.itu.int / geneva@kenyamission.ch / geneva@mfa.go.ke, X: @KenyaMissionUNG
• H.E. Mr Bitange Ndemo, Ambassador of Kenya to the Kingdom of Belgium and the European Union ; E-mail: info@kenyabrussels.com, X: @KEinBelgium

Please also write to the diplomatic missions or embassies of Kenya in your respective countries.

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Paris-Geneva, 3 March 2026

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.

The Observatory for the Protection of Human Rights Defenders (the Observatory) was created in 1997 by FIDH and the World Organisation Against Torture (OMCT). The objective of this programme is to intervene to prevent or remedy situations of repression against human rights defenders. FIDH and OMCT are both members of ProtectDefenders.eu, the European Union Human Rights Defenders Mechanism implemented by international civil society.

To contact the Observatory, call the emergency line:
• E-mail: alert@observatoryfordefenders.org