STATEMENT ON THE ARBITRARY DEPORTATION OF OPEN SOCIETY FOUNDATION PROGRAMME DIRECTOR BRIAN KAGORO

For Immediate Release

Nairobi, 27 January 2026: Over twenty human rights organisations under the Police Reforms Working Group and the Law Society of Kenya condemn the arbitrary deportation of Open Society Foundations Programme Director Brian Kagoro. We are deeply concerned that this incident may be the start of criminalising civic funding and cross-border solidarity ahead of the General Elections. Mr. Kagoro has spent decades advancing Pan-Africanism, constitutionalism, democratic governance, and human and peoples’ rights across the continent.

The right to seek, receive, use, and report on resources, including foreign or international funding, in accordance with Kenyan and international law, is fundamental to the freedom of association. It is protected under Article 36 and 27 of the Constitution of Kenya, the International Covenant on Civil and Political Rights, and the African Charter on Human and Peoples’ Rights, all of which are binding on the Government of Kenya.

The use of immigration powers to punish or deter engagement with civil society actors, funding, or cross‑border solidarity sets a dangerous precedent. It risks criminalising legitimate human rights work. The Police Reforms Working Group and Law Society of Kenya are alarmed by the lack of transparency and apparent absence of judicial oversight surrounding Mr. Kagoro’s deportation. Deportation is a severe administrative measure that must meet strict standards of legality, necessity, proportionality, and due process. Our laws require fair, evidence‑based legal processes, not summary executive action that bypasses courts and denies affected individuals access to an effective remedy.

Mr. Kagoro’s deportation risks reinforcing a climate in which legitimate advocacy, research, and fundraising are framed as a threat to national security. Kenya has historically played a critical role as a regional hub for human rights and civic engagement. This incident occurs in a broader context of increasing hostility toward civic action, heightened surveillance of activists, and repeated attempts to attribute peaceful protest and youth‑led organising to foreign interference ahead of the 2027 General Elections. Such narratives deflect attention from legitimate socio‑economic grievances and risk being used to justify repression.

The Police Reforms Working Group and Law Society of Kenya call on the Kenyan authorities to:

  • Publicly disclose the legal basis and evidence relied upon in the deportation of Brian Kagoro, review and reverse the deportation, if found to be unlawful.
  • Ensure immigration and security laws are not misused to restrict human rights work or access to funding.
  • Respect the rights to freedom of association, expression, and movement, in line with Kenya’s constitutional and international obligations.
  • Reaffirm Kenya’s commitment to protecting civic space and human rights defenders.

A vibrant, well‑resourced, and independent civil society is not a threat to national security; it is essential to democracy, accountability, and human dignity, as the President has said in numerous international policy forums.

For more information and interviews, contact Mathias T. Kinyoda

Mobile: +254786725434 | Email: [email protected]

Police Reforms Working Group -Kenya Coalition Members

This statement is signed by the Law Society of Kenya and the Police Reforms Working Group, an alliance of national and grassroots organizations committed to professional, accountable, and human rights-compliant policing. They include:  Independent Medico-Legal Unit (IMLU), Kariobangi Paralegal Network, Katiba Institute, Defenders Coalition, Social Justice Centres Working Group (SJCW), Kenyan Section of the International Commission of Jurists (ICJ Kenya), International Justice Mission (IJM-K), HAKI Africa, Amnesty International Kenya, Women Empowerment Link, Social Welfare Development Program (SOWED), Kenya Human Rights Commission (KHRC), Federation of Women Lawyers (FIDA- Kenya), International Centre for Transitional Justice (ICTJ – Kenya), Transparency International Kenya, Shield For justice, Wangu Kanja Foundation, Constitution and Reform Education Consortium (CRECO), Kenyans for Peace, Truth and Justice (KPTJ) and Peace Brigades International Kenya (PBI Kenya).