Open Society Statement on the Detention and Denial of Entry of Brian Kagoro in Kenya

The Open Society Foundations condemn the arbitrary detention and denial of entry of our managing director of Programs, Brian Kagoro, by authorities in Kenya. No formal charges were presented, and no written reasons were provided to him.

Kagoro was held for more than 10 hours upon arrival at Jomo Kenyatta International Airport in Nairobi, questioned by national intelligence officers, and subsequently denied entry and returned to Johannesburg. Kagoro has never been charged with or convicted of any criminal offense. The removal order authorizing the air carrier to ferry him back to South Africa cites Section 54 of the Kenya Citizenship and Immigration Act of 2011, which pertains to documentation-related offenses.

We categorically reject as baseless the allegations circulated by certain media outlets, citing unnamed sources, that Kagoro was involved in financing or coordinating political unrest in Kenya. No evidence has been presented to support these defamatory claims.

Kagoro is a well-respected constitutional lawyer and Pan-Africanist with decades of experience working on governance, regional integration, global justice, and rule of law issues across Africa. He has lawfully resided in Kenya for extended periods over the past decade.

Open Society does not fund or organize political protests. Our work in Kenya, as elsewhere, supports lawful civic engagement and accountable governance. Since 2005, we have worked constructively with Kenyan institutions and stakeholders, including government actors, on issues such as economic policy, climate, and democratic governance, and we value that partnership. 

Transparency and due process are essential principles in democratic societies. We have always complied with Kenya’s laws, including on immigration matters, and are seeking formal clarification through appropriate channels.