KEN 001 / 0226 / OBS 012.1
Denial of entry /
Obstacles to freedom of expression /
Restrictions on freedom of movement /
Right to fair trial
Kenya/Ethiopia
30 September 2026
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), has received new information and requests your urgent intervention in the following situation in Kenya and Ethiopia.
New information:
The Observatory has been informed about the denial of entry and the continued arbitrary restriction of the freedom of movement of Mr Brian Kagoro, Zimbabwean human rights defender, constitutional lawyer, and Africa Director of the Open Society Foundations (OSF).
On 15 September 2026, Mr Brian Kagoro travelled from South Africa via Addis Ababa, Ethiopia, to return to Kenya and attend proceedings concerning his detention and deportation from Kenya in February 2026. While on board of a Nairobi-bound flight in Addis Ababa, Mr Kagoro was removed from the aircraft by Ethiopian security personnel, questioned and prevented from reboarding. He subsequently returned to South Africa. The circumstances and legal basis for his removal from the aircraft have not been publicly clarified.
Mr Kagoro’s attempted return took place after the High Court of Kenya at Nairobi had issued a conservatory order on 8 June 2026 providing that he was free to enter Kenya for as long as he complied with the immigration laws and procedures applicable to other nationals of Zimbabwe. The Court further directed the Kenya National Commission on Human Rights (KNCHR) to supervise and ensure compliance with the order and to designate an officer to facilitate oversight of Mr Kagoro’s admission, entry and movement in Kenya.
The order was issued in the context of a constitutional petition challenging Mr Kagoro’s detention and deportation from Kenya. Following his removal from the flight, his legal team returned to the High Court to seek clarification and enforcement of the order. The Court subsequently directed Attorney General Dorcas Oduor to explain why Mr Kagoro continued to be denied entry into Kenya despite the existing court order, giving her 14 days to respond.
The Observatory recalls that, 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 (NIS) arbitrarily held him at the airport for more than 10 hours and questioned him over allegations that he had been involved in financing and coordinating protest activities in Kenya, while denying him access to a lawyer and preventing him from contacting his family or colleagues. Immigration officials subsequently issued a removal order authorising his return to Johannesburg, South Africa, citing Section 54 of the Kenya Citizenship and Immigration Act of 2011, without providing any written explanation of the factual basis. Mr Kagoro rejected the allegations, and no formal charges were brought against him.
This removal in Ethiopia by Ethiopian security personal takes place in a context of increased transnational repression in East Africa with cooperation between several governments to attack human rights defenders and civic space.
The Observatory also recalls that this case takes place in a context of increased scrutiny by Kenyan authorities of civic actors and alleged foreign involvement in protest movements, particularly following the 2024 nationwide demonstrations against the Finance Bill. The Observatory had also previously raised concern about the deportation of Mr Martin Mavenjina, a senior legal advisor at the Kenya Human Rights Commission (KHRC), from Kenya in July 2025. These developments raise serious concerns 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 is gravely concerned that Mr Kagoro was prevented from travelling to Kenya despite a High Court order expressly authorising his entry into the country, and that he was removed from a Nairobi-bound flight by Ethiopian security personnel. The Observatory is further concerned by the clear signs of cooperation between Kenyan and Ethiopian authorities to impede Mr Kagoro’s freedom of movement and expression, and by the lack of transparency regarding the circumstances and legal basis of his removal from the flight.
The Observatory calls on the Kenyan authorities to fully respect the High Court order of 8 June 2026 and to refrain from any further arbitrary measures, including through cooperation with Ethiopian authorities,restricting Mr Kagoro’s freedom of movement or preventing him from participating in the judicial proceedings concerning his case.
Actions requested:
Please write to the authorities of Kenya asking them to:
– Immediately ensure full compliance with and implementation of the High Court order of 8 June 2026, including by guaranteeing Mr Brian Kagoro’s right to enter and move within Kenya in accordance with the terms of the order;
– Provide an official, transparent and legally reasoned explanation of the circumstances and legal basis for removing Mr Kagoro from the Nairobi-bound flight in Addis Ababa and preventing him from continuing his journey to Kenya;
– Ensure that Mr Kagoro is able to participate freely and without obstruction in the judicial proceedings concerning his detention and deportation from Kenya;
– 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;
– 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.
Please write to the authorities of Ethiopia asking them to:
– Clarify the circumstances and legal basis for Mr Kagoro’s removal from the Nairobi-bound flight in Addis Ababa;
– Refrain from any measures aimed at harassing, intimidating or otherwise interfering with Mr Kagoro on account of his legitimate human rights activities;
– Ensure that no cooperation with foreign authorities results in reprisals or restrictions against Mr Kagoro in relation to his human rights activities.
Addresses of Kenya:
• H.E. Mr William Samoei Ruto, President of the Republic of Kenya; E-mail: feedback@president.go.ke / president@statehouse.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 Raymond Omollo, Principal Secretary for Internal Security and National Administration; E-mail: ps@interior.go.ke
• Ms Evelyn Cheluget EBS, OGW, Director General of Immigration Services; E-mail: info@immigration.go.ke / dis@immigration.go.ke
• Hon. Dorcas A. Oduor, SC, OGW, EBS, Attorney General of the Republic of Kenya; E-mail: info@oag.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 of Kenya to the United Nations in Geneva; E-mail: mission.kenya@ties.itu.int / geneva@kenyamission.ch / geneva@mfa.go.ke X: @KenyaMissionUNG
Addresses of Ethiopia:
• H.E. Dr Abiy Ahmed Ali, Prime Minister of the Federal Democratic Republic of Ethiopia; E-mail: info@pmo.gov.et ;
• H.E. Dr Gedion Timothewos Hessebon, Minister of Foreign Affairs of Ethiopia; X: @mfaethiopia
• Ms Selamawit Dawit, Director General, Immigration and Citizenship Service; E-mail: info@ics.gov.et / support@ics.gov.et
• Commissioner General of the Ethiopian Federal Police Commission; E-mail: ethiopiafederalpolice@gmail.com
• H.E. Mr Tsegab Kebebew Daka, Permanent Representative of Ethiopia to the United Nations in Geneva; E-mail: info@ethiopianmission.ch
Please also write to the diplomatic missions or embassies of Kenya in your respective countries.
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Paris-Geneva, 30 September 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
• Tel FIDH: + 33 1 43 55 25 18
• Tel OMCT: + 41 22 809 49 39
