Al-Dahas v. Attorney-General and Others

Abstract

Human rights — Refugees — Rights of refugees under international law and municipal law — Constitution of Kenya, Section 70(a) — United Nations Convention Relating to the Status of Refugees, 1951, Articles 31, 32 and 33 — Organization of African Unity Convention Governing the Specific Aspects of Refugee Problems in Africa, 1969 — Obligations of States in refugee protection — Limitation of individual rights in international and municipal law — Obligations of asylum seekers to contact authorities in receiving State

Human rights — Refugees — Immigration Act, Sections 3 and 8 — Detention of prohibited immigrants — Repatriation — Whether extended detention contrary to rights under Constitution and international conventions — Whether failed repatriation rendered deportation orders invalid — Whether Sections 3 and 8 of Immigration Act contrary to provisions of Constitution — Whether continued detention of applicant unlawful — The law of Kenya