State sued over detention, deportation of Zimbabwean advocate

Open Society Managing Director of Programs, Brian Kagoro. [File Courtesy]

Lawyers are up in arms following the government’s decision to detain and deport their Zimbabwean counterpart, Brian Bright Tamuka Kagoro.

The Law Society of Kenya (LSK), the Pan African Lawyers Union (PALU), the East Africa Law Society (EALS) and the Kenyan section of the International Commission of Jurists (ICJ-Kenya) have sued the Attorney-General and the Director of Immigration Services, alleging that Kagoro was held incommunicado at Jomo Kenyatta International Airport (JKIA) before being placed on a flight out of the country.

Senior lawyer Elisha Ongoya, representing the four bodies, said there was no justification for the detention and deportation, noting that Kagoro is a frequent visitor to Kenya and a well-known governance and democracy advocate.

He argued that the government did not disclose any offence or subject him to due process before his removal. “The nature of Brian’s work is such that he travels regularly to many parts of the world, including Kenya, and often on short notice,” Ongoya said, adding that JKIA is also a key regional transit hub.

Kagoro is the co-founder of the Crisis in Zimbabwe Coalition and has been active in governance networks across Africa for over two decades. Ongoya warned that the absence of judicial oversight risked creating a precedent for the arbitrary exclusion of individuals from Kenya.

He further argued that Kagoro should be free to visit or transit through Kenya, provided he complies with immigration laws.

The petition also alleges that Kagoro was detained for about 14 hours incommunicado in violation of constitutional and international human rights standards and was denied access to legal counsel.

Lawyer Mbugua Mureithi, in a supporting affidavit, said Kagoro’s phone was confiscated and he was interrogated overnight without food or sleep. Mureithi added that Kagoro was escorted onto a flight on February 23, 2026, with no clear legal basis provided for his removal.

The lawyers argue that the actions violated Kenya’s Constitution as well as international obligations, including the International Covenant on Civil and Political Rights, the African Charter on Human and Peoples’ Rights, and the Universal Declaration of Human Rights.

They are seeking a declaration that Kagoro’s detention and deportation were unlawful, and orders directing the Kenya National Commission on Human Rights to oversee compliance and report to the court.