In a statement issued Thursday, ICJ Kenya denounced what it described as the unlawful denial of entry, detention, and subsequent expulsion of Kagoro on Sunday, February 22.
NAIROBI, Kenya, Feb 26 — The International Commission of Jurists – Kenya Section (ICJ Kenya) has condemned the detention and deportation of Zimbabwean lawyer and prominent human rights defender Brian Kagoro, terming the move unconstitutional and part of a troubling trend of shrinking civic space in the country.
Kagoro, a renowned Pan-Africanist and Zimbabwean human rights advocate who serves as Africa Director of the Open Society Foundation (OSF), was reportedly denied entry into Kenya by security officers upon arrival.
“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,” the organization said in its statement dated February 26.
ICJ Kenya highlighted that Kagoro has for decades visited Kenya and has an established track record in advancing good governance, human rights, and the rule of law across Africa and globally.
The lobby group argued that the incident reflects a broader pattern of repression against independent civic actors, civil society organizations, human rights defenders, and the media.
‘Civic education’
ICJ said Kagoro may have been denied entry over links to civic education and citizen empowerment initiatives perceived as fostering dissent.
“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,” ICJ Kenya stated.
The organization warned that conflating civic education with subversive activity represents a dangerous departure from constitutional principles and democratic norms.
It noted Kenya has historically been regarded as a regional beacon of democratic progress, credited to its vibrant civil society in shaping its progressive legal framework, including the Constitution of Kenya.
ICJ Kenya argued that Kagoro’s detention and deportation contravened Articles 36, 33, and 35 of the Constitution, which guarantee freedom of association, freedom of expression, and the right to access information.
“Such actions are inconsistent with the letter and spirit of the Constitution,” the organization said. “These actions risk eroding the hard-won gains in civic space and citizen participation that have defined Kenya’s post-2010 trajectory.”
The commission called on the Government of Kenya to provide a “full, official, transparent and legally sound explanation” for Kagoro’s detention and expulsion.
It further urged authorities to allow immediate and unrestricted entry to human rights defenders with valid documentation, refrain from politically motivated discrimination, and cease harassment of civil society actors while publicly reaffirming commitment to protecting civic space in line with constitutional and international human rights obligations.
ICJ Kenya also appealed to regional and international actors to press the Kenyan government to end harassment of civic actors, human rights defenders, and journalists, and to guarantee protection for their legitimate work in democratic societies.
The government had not issued an official statement on the matter by the time of publication.
