Did Kenya Violate International Law by Deporting UN-Protected Refugees?

Kenya's status as a refuge for those seeking asylum has come under scrutiny following the controversial deportation of four Turkish nationals who were under United Nations protection.

The incident has sparked debate about Kenya's commitment to refugee protection and its international obligations. According to Foreign Affairs Principal Secretary Korir Sing'oei, the government proceeded with the deportations because the individuals faced treason charges in Turkey. However, the case has grown more complex with revelations that multiple countries had previously denied Turkish authorities' requests to extradite Mustafa Genc, Huseyin Yesila, Ozturk Uzun, and Alpaslan Tasci. The four men were abducted alongside British national Necdet Seyitoglu and two others, though Seyitoglu was later released after proving his British citizenship.

Human rights organizations have united in condemning the deportations, emphasizing that the men were legally recognized refugees under UN protection. Sing'oei later confirmed that the four Turkish nationals were flown from Nairobi to Turkey on October 19 at Ankara's request, prompting Amnesty International to voice serious concerns about the circumstances surrounding their abduction and deportation. The incident follows recent security cooperation between Kenya and Turkey, including equipment acquisitions and training programs for Kenyan security forces.

Notably, all seven individuals initially detained had connections to organizations associated with Islamic preacher and businessman Fethullah Gulen. Gulen, once allied with Turkish President Recep Tayyip Erdogan, fell from favour after Erdogan accused him of masterminding a failed 2016 coup attempt that resulted in 250 deaths and over 2,000 injuries. Gulen subsequently sought asylum in the United States. Since the coup attempt, Erdogan's government has conducted a widespread crackdown on perceived Gulen supporters, resulting in more than 2,500 life sentences and the dismissal of over 100,000 individuals for alleged links to the preacher.

The Turkish government has also pursued Gulen's international business interests. This is not Kenya's first controversial involvement in forced returns. In 1990, the government threatened to deport more than 1,000 Ugandan and Rwandan refugees, with some facing police violence despite appeals from the United Nations High Commissioner for Refugees (UNHCR).