Kenya National Commission on Human Rights and Another v. Attorney General and Others

Abstract

Human rights — International law — Convention relating to the Status of Refugees, 1951, Article 33(2) — Non-refoulement principle — Relationship with wider human rights obligations — Effect in national law — Constitution of KenyaAliens — Refugees — Non-refoulement — Exceptions for national security and crime — Whether exceptions to be construed restrictively — Relationship between Article 33(2) of the Convention relating to the Status of Refugees, 1951 and human rights instruments — Requirement of individual assessment — The law of Kenya