The High Court has today declared the move by the Government of Kenya to close the Dadaab camp illegal.
Judge John Mativo gave several reasons for reaching that conclusion but chief among them was that it violated the principle of non-refoulement.
Non-refoulement is the practice of not forcing refugees or asylum seekers to return to a country in which they are liable to be subjected to persecution.
The only legitimate exceptions, he said, being in the case of a threat to national security or individual conviction of a refugee and only then of a crime of grave nature.
In both instances however, he said, it could not be applied generally as the Government of Kenya was trying to do. An act he described as, “persecution.