NAIROBI, Kenya — Thirty-five Ugandan nationals affiliated with Forum for Democratic Change (FDC) party leader Dr. Kizza Besigye have filed a constitutional petition against the Kenyan government. The group accuses Kenyan security agencies of unlawful arrest, physical assault, and forcible deportation, arguing that these actions constitute a violation of their fundamental constitutional rights.
The petitioners claim in court documents that they traveled to Kenya on July 23, 2024, to attend a week-long leadership training workshop at the Ukweli Pastoral Centre in Kisumu County.
One of the individuals, a recognized refugee residing in Kenya and the Director of the Community Support Initiative for Refugees, states he traveled from Nairobi to join the others and booked accommodation at the center.
Court papers affirm the legality of their presence: “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,” the court documents read.
Midnight arrest and handover
However, the petitioners allege that on the night of July 23, 2024, they were assaulted, arbitrarily arrested, and forcibly removed from Kenya by armed individuals believed to be a joint team of Kenyan and Ugandan security officers.
They claim they were driven across the border and handed over to Ugandan authorities under the cover of night without any legal procedure.
They argue that a statement from Ugandan authorities supports their claim: “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.
The statement reportedly alleged that the group was involved in “covert subversive activities” that attracted the attention of Kenyan authorities.
Alleged constitutional and legal violations
The petitioners contend that the actions of the security personnel—forcibly entering their rooms, physically assaulting them, and deporting them without due process—violated multiple protections under the Constitution of Kenya (2010).
These include the rights to dignity, freedom and security, movement, fair administrative action, and a fair trial, guaranteed under Articles 28, 29, 39, 47, and 49(1).
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They further argue they were never informed of the reasons for their arrest, were denied access to legal representation, and were never presented before a Kenyan court, as legally required.
They also point out that the refugee among them was entitled to protection under both Kenyan and international law, including the Refugee Act, 2021, but was still unlawfully deported.
Upon arrival in Kampala, the petitioners claim they were held incommunicado for several days before being arraigned on July 29, 2024, a full week after their removal. They now face charges of providing or receiving terrorism training under Uganda’s Anti-Terrorism Act.
The petitioners, who assert that no extradition proceedings, arrest warrants, or deportation orders were issued against them, are seeking the enforcement of their fundamental rights and general damages from the Kenyan government.
They are also challenging the government’s conduct as a violation of both domestic and international law under the relevant articles of the Constitution.
