Condemnation of the Arbitrary Detention and Deportation of Brian Bright Tamuka Kagoro

26 Feb, 2026 | News, Press Releases

PRESS STATEMENT

For Immediate Release

Subject: Condemnation of the Arbitrary Detention and Deportation of Brian Bright Tamuka Kagoro

We, the undersigned Pan-African leaders, human rights defenders, and concerned citizens and institutions, unequivocally condemn the arbitrary and incommunicado detention and subsequent deportation of Brian Bright Tamuka Kagoro, a highly respected Pan-Africanist and constitutional and human rights lawyer, by the Government of the Republic of Kenya. Mr. Kagoro was detained last Sunday, 22nd February, upon arrival at Jomo Kenyatta International Airport. He had already passed through the Immigration Counter and had his passport duly stamped to enter Kenya. On his way to collect his luggage, he was intercepted, initially by an Immigration Officer, who purported to recall him. His phones were confiscated, and he was not allowed to contact his family, friends, or lawyers, nor was he allowed consular assistance as is required by international law. His friends and lawyers, who kept vigil at the airport, were also not allowed access to him. During this time, he was intensively interrogated by officers from the National Intelligence Service (NIS) of Kenya. After 14 hours, early on Monday, 23rd February, the authorities who were holding him orally declared him persona non grata before being removed from Kenyan territory without a transparent legal process.

Mr. Kagoro has spent decades advocating Pan-Africanism and supporting African unity, regional integration, socio-economic development, constitutionalism, democratic governance, and defending human and peoples’ rights. He is widely recognised for his work, alongside others, in transforming the Organisation of African Unity (OAU) into the African Union (AU), and in elaborating many of its foundational treaties, charters, policy frameworks, action plans, and Common African Positions (CAPs). He has also worked towards strengthening democratic engagement — including mentorship programmes, transnational fellowship initiatives, and rights advocacy. Neither in his country of origin, Zimbabwe, nor elsewhere in the continent, which he strides ardently, has he ever been accused of any subversive or unlawful activities. His arbitrary removal, based on unverified allegations of involvement in political mobilisation, undermines both due process and the hard-won civic space that all types of activists depend on.

This action is deeply troubling, not just as an infringement on his individual rights, but as a broader erosion of civil liberties at a moment when Kenya holds increasing influence in advancing regional and continental reforms.

1. Kenya’s Constitutional and Legal Obligations

Under the Constitution of Kenya, 2010, every person — including any non-citizen — is entitled to fundamental freedoms such as freedom from arbitrary detention (Article 29); freedom of expression and information (Article 33); freedom of association (Article 36); and; freedom of movement and the right to enter and leave Kenya (Article 39).

These constitutional guarantees obligate state actors to uphold due process and fair administrative action. Arbitrary detention or deportation without transparent evidence, judicial oversight, or an opportunity to be heard contravenes these basic legal obligations.

2.Due Process and Fair Administrative Action

Kenyan law, including the Kenya Citizenship and Immigration Act, 2011, requires that administrative decisions — particularly those affecting an individual’s liberty, residence, or rights — be undertaken lawfully, reasonably, and with procedural fairness. The circumstances of Mr. Kagoro’s deportation — with no open hearing, access to counsel, or information on the reasons — raise serious questions about compliance with these standards.

3.The Context of Kenya’s Leadership Role in African Governance and in Pan-Africanism

At the same time that Mr. Kagoro’s rights have been infringed, Kenya has been positioning itself as a continental leader on unification, on governance reform, and continental institutional renewal at the African Union (AU) and United Nations (UN) levels, including fronting its nationals to be elected to serve in prominent global institutions.  Kenya’s current prominence on these issues reflects its aspiration to be a trusted facilitator of Pan-African unity and governance reform. Yet the manner of Mr. Kagoro’s detention and deportation starkly contradict the principles of Pan-Africanism, justice, transparency, and respect for fundamental freedoms that undergird those reform efforts.

4. Unsubstantiated Allegations and Lack of Due Process

We are particularly alarmed by allegations circulated in sections of the media, attributed to unnamed security sources, accusing Mr. Kagoro of involvement in foreign-funded mobilisation efforts to incite political unrest. These are grave claims that carry significant reputational consequences, yet no evidence has been publicly produced to substantiate them, and no formal charges have been presented before a court of law. The propagation of unverified accusations in the absence of transparency and judicial scrutiny undermines due process and weakens public confidence in the rule of law. If credible evidence of unlawful conduct existed, the appropriate course would have been to present such evidence before a competent court of law. Instead, the State opted for unlawful administrative expulsion, bypassing judicial scrutiny. This lack of transparency undermines the credibility of the allegations and raises concerns about the misuse of immigration powers to curtail civic engagement.

Conflating legitimate Pan-African dialogue and professional civic engagement with subversion sets a dangerous precedent that threatens democratic space across the region and Kenya’s reputation as a safe place to have meetings and dialogue on the fundamental issues facing Africa and the world.

5. A Dangerous Precedent

The removal of a widely respected pan-Africanist, especially one with a long track record of work on continental unity, regional integration, constitutional and democratic advocacy, threatens to have a chilling effect on economic and civic actors who collaborate across borders. It undermines the idea that Kenya can be a safe and enabling environment for independent voices engaging in dialogue on governance, human rights, continental institutional reform or even issues of trade and the economy.

At a moment when Africa continues to debate reforms aimed at strengthening unity, participatory governance, accountability and economic development, this arbitrary expulsion sends a conflicting message: that dissent or critical engagement may be met with exclusion rather than engagement.

6. We demand that:

  • The Government of Kenya to immediately disclose the evidence and legal basis for its actions against Mr. Kagoro, and to ensure access to effective remedies consistent with Kenyan law and international human rights norms.
  • Kenyan authorities to reaffirm their commitment to due process, respect for civil liberties, and protection of civic space — reflecting the values they promote in regional and continental leadership forums.
  • Kenyan authorities to unequivocally assure African people that they can come and conduct legitimate business or dialogues on political, economic, social or cultural issues affecting Africa and its diaspora.
  • Regional and international human rights bodies to monitor developments, support transparent review mechanisms, and urge respect for fundamental freedoms in Kenya and across the continent, or otherwise appropriately sanction the Government of Kenya for any violations of these.

For further information please contact:
Donald Deya
Chief Executive Officer, Pan African Lawyers Union (PALU)
Arusha, Tanzania
E-mail : secretariat@lawyersofafrica.org

Signatories

Institutional Signatories

  1. Agora Center for Research, Kampala, Uganda
  2. Africans for the Horn of Africa Initiative (Af4HA)
  3. Coalition For Grassroots Human Rights Defenders-Kenya
  4. End Femicide Movement Africa
  5. End Femicide Movement Kenya
  6. Human Rights Awards Kenya Jury, Kenya
  7. Innovations for Democratic Engagement and Action (IDEA) Uganda Limited, Kampala, Uganda
  8. Institute for Human Rights and Development in Africa (IHRDA), Banjul, The Gambia
  9. Kenya Human Rights Commission (KHRC), Nairobi, Kenya
  10. Kenyan Section of the International Commission of Jurists (ICJ-Kenya), Nairobi, Kenya
  11. Pan-African Alliance for Transparency and the Rule of Law (PATROL-AFRICA), Dakar, Senegal
  12. Pan African Grassroots Women Liberation
  13. Pan African Lawyers Union (PALU), Arusha, Tanzania
  14. Pan African Solidarity Network
  15. Pussy Power Movement
  16. Utu Wetu Trust, Nairobi, Kenya

Individual Signatories

  1. Abdul Noormohamed, Nairobi, Kenya
  2. Achieng’ Akena, Pan-African Activist
  3. Adaobi Egboka, Nigerian Human Rights Advocate
  4. Agather Atuhaire, Kampala, Uganda
  5. Andrew Makojo, Human Rights Defender
  6. Andrew Makoni, MMM, Harare, Zimbabwe
  7. Arnold Tsunga, Legal and Policy Adviser, African Judges and Jurists Forum (AJJF), Harare, Zimbabwe
  8. Awino Okech (Prof), Pan-African Scholar
  9. Ben Kioko, former Vice President of the African Court on Human and Peoples’ Rights
  10. Blessing Gorejena, Human Rights Defender, Southern Africa
  11. Boniface Mwangi, Human Rights Defender, Nairobi, Kenya
  12. Brenda Chikwe Mofya, New York, USA
  13. Caleb Dengu, SAPES
  14. Chidi Anselm Odinkalu (Prof.)
  15. Christine Alai, Advocate, Nairobi, Kenya
  16. Churchill Otieno, The Africa Editors Forum (TAEF)
  17. Claire Namara
  18. Constance Mukarati, African Initiative of Women Human Rights Defenders (WHRD Initiative)
  19. Crystal Simeoni
  20. Dalaya Ashenafi, Tricontinental Institute for Social Research
  21. Deborah Nyokabi, Pan African Feminist Lawyer
  22. Demas Tuikong Kiprono, Nairobi, Kenya
  23. Deus Valentine Rweyemamu, Executive Director, Center for Strategic Litigation (CSL)
  24. Donald Omondi Deya, Pan-Africanist and Lawyer
  25. Dzikamai Bere, Pan African Peacebuilder and Human Rights Defender, Harare, Zimbabwe
  26. Eleanor Thompson, Citizens’ Barray, Freetown, Sierra Leone
  27. Emmanuel K. Dogbevi, The African Editors Forum
  28. Esther Tawiah, Gender Centre for Empowering Development (GenCED)
  29. Esther Wanjiru Muigai-Mnaro, Pan African Lawyers Union (PALU), Arusha, Tanzania
  30. Felgonah Oyuga, Author, Nairobi, Kenya
  31. Franck Kamunga, Exécutive Director, Droits Humains Sans Frontières; and Board Member, Southern Defenders (SAHRDN)
  32. George Mukundi (Dr.), Advocate of the High Court of Kenya
  33. Gladwell Otieno, Executive Director, Africa Centre for Open Governance (AfriCOG), Nairobi, Kenya
  34. Grieve Chelwa, Academic
  35. Hassan Shire, AfricanDefenders – The Panafrican Human Rights Defenders Network
  36. Ibbo Mandaza, Sapes Trust
  37. Ibrahima Amara Kane, Dakar, Senegal
  38. Innocentia Mgijjma Konopi, Human Rights & Capacity Building Consultant
  39. Isabella Mwangi, Advocate, Nairobi, Kenya
  40. Janah Ncube, Bulawayo, Zimbabwe
  41. Jason Rosario Braganza
  42. Jeannie, The Africa Editors Forum (TAEF)
  43. Jeremiah Bamu, Advocate, Managing Partner, Tsunga Bamu Law International
  44. Job Kiija, Kampala, Uganda
  45. Karuti Kanyinga (Prof.), Kenyan academic, Nairobi, Kenya
  46. Khabele Matlosa (Prof.), Strategic Institute for Research and Dialogue, Maseru, Lesotho
  47. Kivutha Kibwana (Prof.), Professor of Law & Human Rights Defender, Nairobi, Kenya
  48. Lilian Alex, Executive Director, East African Civil Society Organisations Forum (EACSOF)
  49. Liliane Umubyeyi (Dr.), African Futures Lab
  50. Makmid Kamara, Reform Initiatives, Accra, Ghana
  51. Martin Okumu-Masiga, Secretary General, African Judges and Jurists Forum (AJJF), Kampala, Uganda
  52. Maud Blair, Zimbabwean
  53. Memory Kachambwa
  54. Michael Gyan Nyarko, Banjul, The Gambia
  55. Miguel Gomes Antonio, Executive Director, Southern African Christian Initiative (SACHI)
  56. Millen Joseph, Lawyer
  57. Mluleki Mvelase
  58. Mumbi Maina-Murimi, Lawyer, Nairobi Kenya
  59. Musa Kika (Dr.), Constitutional and human rights lawyer
  60. Mwanase Ahmed, Coordinator, Pan African Solidarity Network, Kilifi, Kenya
  61. Mwaura Kabata, Law Society of Kenya (LSK), Nairobi, Kenya
  62. Nebila Abdulmelik
  63. Owiso Owiso (Dr.), Nairobi, Kenya
  64. Phillan Zamchiya, University
  65. Rachael Mwikali, Kenya
  66. Richard Ssewakiryanga, Executive Director/Senior Research Fellow, Centre for Basic Research, Kampala, Uganda
  67. Ruth Osaretin Ogbewekon, Lawyer
  68. Salah Siddig Hamad (Amb. Dr.)
  69. Siphosami Malunga (Dr.), Senior Lawyer
  70. Tanele Maseko, Chief Executive Officer, Thulani Maseko Foundation
  71. Tererai R. Mafukidze, Senior Lawyer, Zimbabwe and South Africa
  72. Timothy Mtambo, Founder & Patron, League of Transformation (LOT) Foundation
  73. Tinomuda Shoko, Zimbabwe Lawyers for Human Rights (ZLHR), Harare, Zimbabwe
  74. Wachira Maina, Constitutional Lawyer, Kenya
  75. Willy Mutunga (Dr), Chief Justice of the Republic of Kenya 2011 – 2016
  76. Zahid Rajan, Nairobi, Kenya