The High Court has ordered the State to respond to a petition seeking the repatriation of more than 600 Kenyans stranded in Cambodia, setting strict timelines for compliance as the matter proceeds under a certificate of urgency.
In directions issued by Bahati Mwamuye on Wednesday, the court directed the petitioners to serve the State agencies with the petition, with their responses expected by March 27, 2026.
The directions follow after a petition was filed by 10 Kenyan citizens — led by Deriars Misiani, Brian Kimani, and Callen Mosiango Morang’a — who are suing on their own behalf and on behalf of over 600 other Kenyans allegedly stranded in Cambodia and unable to return home.
They are seeking urgent steps to be taken to secure their evacuation and repatriation.
Several State agencies have been sued, including the Ministry of Foreign and Diaspora Affairs, the Chief of Staff and Head of Public Service, the Ministry of Interior and National Administration, the Inspector General of Police, the Ministry of Labour and Social Protection, the Directorate of Immigration Services, and the Attorney General.
The Kenya National Commission on Human Rights has been joined as an interested party.
According to the petition, the Kenyans were allegedly lured abroad by agents who promised employment opportunities in parts of East Asia.
However, upon travel, they claim they were diverted to Cambodia under circumstances they did not anticipate.
The petitioners, through their lawyer Danstan Omari, allege they were subjected to exploitative labour conditions and later left stranded after authorities in Cambodia intervened.
“That the Applicants are presently subjected to grave and ongoing violations of their fundamental rights, including torture, physical assault, electrocution, sexual harassment, and inhuman and degrading treatment,” court filings state.
They further claim that despite repeated distress calls, they have received minimal assistance, leaving them without adequate shelter, food, or travel documents.
The petitioners argue that they now face the risk of legal action by Cambodian authorities if they fail to leave the country within set timelines, yet they lack the means to do so.
In their court filings, the Kenyans argue that their rights to human dignity, freedom and security of the person, freedom from cruel, inhuman and degrading treatment, and fair labour practices have been violated.
They further contend that the State should fulfil its constitutional obligation to protect and uphold the rights of its citizens under the Bill of Rights.
They argue that these obligations extend to Kenyans outside the country, particularly in situations involving serious human rights risks.
“That the Applicants have exhausted all reasonably available informal avenues of assistance and now turn to this Honourable Court as the ultimate guardian of the Constitution and protector of fundamental rights,” state the filings.
Among the orders sought, the petitioners want the court to compel the Ministry of Foreign and Diaspora Affairs, in coordination with other State agencies, to urgently verify the identities and locations of the affected Kenyans and establish direct consular contact with them.
They also seek orders requiring the State to facilitate their evacuation and repatriation, including the issuance of emergency travel documents.
“The Respondents to facilitate and/or meet the reasonable costs of emergency evacuation and repatriation, including air tickets, inland transit, emergency accommodation, food and other necessary logistics incidental to the Petitioners’ and affected persons’ safe return to Kenya,” they say in their court documents.
They contend that the matter raises serious constitutional and humanitarian questions requiring urgent judicial intervention.
The matter will be mentioned on April 13, 2026, to confirm compliance and for the court to issue further directions.
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