The ramifications of Kenya’s decision to expel refugees from Dadaab camp
The Kenyan government has come under sharp criticism following its decision to return refugees in Dadaab Camp back to Somalia. While Kenya as a sovereign State has the right to control the entry, residence and expulsion of aliens, this right is subject to treaty obligations as was stated in Abdulaziz, Cabales and Balkandali v The United Kingdom. The 1951 Refugee Convention and its 1967 Protocol are applicable to Kenya in their entirety as Kenya acceded to them without any reservations. This also applies to the 1969 OAU Convention on refugee problems in Africa. All these conventions form part of the laws of Kenya pursuant to Articles 2 (5) and (6) of the 2010 Constitution which make international covenants ratified by Kenya and customary international law part of Kenyan law.
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