Kenya faces scrutiny over second denial of entry to Zimbabwean lawyer Brian Kagoro

• Kagoro was deported in February after being detained for more than 10 hours upon arrival at JKIA, where he was reportedly questioned by national intelligence officers in connection with allegations surrounding the organisation and funding of protests.

File image of Open Society Managing Director of Programs, Brian Kagoro. PHOTO| COURTESY

The Open Society Foundations has questioned Kenya’s commitment to the rule of law following the authorities’ refusal to allow its Managing Director for Africa, Zimbabwean Brian Kagoro, into the country despite a court order permitting his return.

Kagoro was deported in February after being detained for more than 10 hours upon arrival at Jomo Kenyatta International Airport (JKIA), where he was reportedly questioned by national intelligence officers in connection with allegations surrounding the organisation and funding of protests.

Open Society Foundations categorically denied the allegations, stating that it does not fund or organise political protests and that no evidence has been presented to substantiate claims that Kagoro was involved in financing or coordinating political unrest in Kenya.

Kagoro was due to return to the country on Tuesday last week after securing court orders allowing his entry, but he was taken off a Nairobi-bound flight in Ethiopia.

The foundation said the decision amounted to a disregard of the court order and raised questions about transparency and due process in the handling of Kagoro’s case.

Attorney General Dorcas Oduor was subsequently granted 14 days by the High Court to explain why Kagoro was denied entry for a second time despite the court orders.

The latest development has renewed scrutiny over Kenya’s treatment of civil society organisations and human rights actors, with Open Society questioning the country’s commitment to the rule of law and democratic principles.

Kagoro’s initial deportation followed his detention at JKIA, where he was held for more than 10 hours before authorities issued a removal order directing the airline to return him to Johannesburg.

Open Society said Kagoro was not formally charged or provided with written reasons for the decision to deny him entry.

The organisation maintains that Kagoro has never been charged with or convicted of a criminal offence and described the action against him as lacking transparency and due process.

The foundation also rejected reports alleging that Kagoro was involved in financing or coordinating political unrest in Kenya.

Kagoro’s case comes against the backdrop of another deportation involving a senior human rights official.

Martin Mavenjina, a senior legal adviser at the Kenya Human Rights Commission (KHRC), was deported from Kenya on July 5, 2025, in circumstances that the commission linked to concerns over civic space and the treatment of human rights defenders.

The two cases have raised concerns among civil society groups over what they describe as increasing restrictions on civic space and the activities of human rights organisations in Kenya.