Human Rights Triumph: KNCHR Secures Justice and Health Rights for Refugees

Human Rights Triumph: KNCHR Secures Justice and Health Rights for Refugees

By Julius Ndeda – Human Rights Officer (KNCHR North Rift Regional Office)

Justice Served: 10-Year Sentence for Defendant Convicted of Assaulting Congolese Refugee Minor

Through the Commission’s intervention of conducting trial observations before Kitale Law Courts in R vs. Hussein Ibrahim MCSO E097 of 2023, the victim’s right to access justice was upheld. The accused person was alleged to have defiled the Congolese Refugee minor sometime in June 2023 along the railway line close to ASK show ground Kitale. The judgment was delivered on 21^st December 2023.

Through intervention by KNCHR, the accused person was found guilty of defilement contrary to section 8(1) as read with section 8(3) of the Sexual Offences Act No. 3 of 2006 as read with Section 215 of the Criminal Procedue Code and sentenced to 10 years imprisonment.

Reassessment and Recovery: Upholding the Right to Health for Congolese Refugee

The Commission, through North Rift Regional Office (NORRO) received a complaint from a Congolese refugee with Individual No. 845-00456746 alleging that he was given wrong medical assessment report indicating that he had recovered from Cervical, thoracic and lumbar spine injuries he had sustained while in Congo. The team conducted a preliminary investigation into the matter and established that he was first attended to at CBCA Ndosho, Goma hospital in Congo and later sought asylum in Kenya through the Dadaab refugee camp. He was transferred to Kakuma Protection Centre on 13^th March 2023 as a result of his exacerbating medical condition. On 15^th July 2023, he was admitted to Ammusait General Hospital, Kakuma 4 and later discharged on 18^th July 2023. A medical assessment was conducted on him by the IRC doctor on 14^th August 2023. He was unable to access the required medical attention since the aforementioned assessment report indicated that his condition was contained contrary to his actual medical status. The Petitioner did on several occasions raise the concern with IRC seeking another medical assessment but it was not forthcoming.

KNCHR brought the case to the attention of the DRS Camp Manager- Kakuma who advised that UNHCR is the agency mandated to offer medical services to refugees and are in the position to intervene to affirm the Petitioner’s right to health. KNCHR also engaged IRC who successfully intervened and conducted a medical reassessment on the Petitioner and accorded him the requisite medication. The Petitioner is now recuperating and has reached out to the Commission with appreciation.