Nairobi — Chief Justice Martha Koome has highlighted major gains made by Kenya's Judiciary in strengthening refugee and migration law, calling on judges worldwide to deepen cooperation, uphold fairness, and defend the integrity of asylum systems amid rising global displacement.
Speaking at the opening of the 14th World Conference of the International Association of Refugee and Migration Judges (IARMJ) in Nairobi on Monday, Koome noted recent landmark decisions that affirm the rights of refugees, protect stateless persons, and uphold constitutional guarantees for mixed-nationality families.
She cited the July 2025 High Court ruling in Haki na Sheria v Attorney General as a defining moment in safeguarding the rights of children born to Kenyan-refugee couples.
The judgment affirmed that such children are citizens by birth under Article 14(1) of the Constitution, striking down practices that had rendered many effectively stateless by labeling them "refugees" on their birth records.
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Koome said the ruling also dismantled barriers preventing refugee spouses of Kenyan citizens from applying for citizenship by marriage -- strengthening principles of equality, dignity and family unity.
"These judicial decisions demonstrate that an independent and principled Judiciary is indispensable to the refugee protection regime," Koome said.
"Courts ensure due process, uphold non-refoulement, scrutinise administrative action and safeguard the rights of the vulnerable."
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With more than 120 million people displaced globally, Koome urged judges to remain steadfast as guardians of fairness within migration and asylum systems, warning that integrity is paramount at a time when systems worldwide are strained.
Fair procedures
She noted that integrity in refugee and migration systems requires fair procedures, credible decision-making, transparent processes, and accountability -- elements she said are essential to public trust and vital to ensuring refugees can seek protection without fear.
Koome also challenged global judicial officers to confront emerging pressures shaping migration, including climate-induced displacement, human trafficking, and the fast-evolving use of artificial intelligence in justice systems.
On climate change, she warned that recurrent droughts, floods and resource conflicts are blurring distinctions between refugees, migrants and disaster-displaced persons, calling for "principled, humane and forward-looking responses."
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She further urged judges to remain vigilant in cases involving human trafficking and migrant smuggling, saying the crimes prey on vulnerable populations and threaten state authority, requiring stronger legal frameworks and cross-border cooperation.
Turning to technology, Koome said artificial intelligence offers immense potential for research, data analysis and caseload management, but cautioned that it can also "embed bias, obscure accountability and diminish the centrality of human judgment" if not carefully regulated.
The Chief Justice emphasized that the integrity of refugee and migration systems is ultimately a shared global responsibility, insisting that no nation can confront rising displacement, trafficking or irregular migration alone.
"As judges, we are custodians of justice and human rights," she said. "Our vigilance and courage are the hope of millions who seek safety and a better future."
The conference, running from 17-19 November and followed by intensive judicial workshops, has brought together more than 200 judges, jurists and policymakers from around the world.
