By Wahome Ngatia
In February 2026, a series of troubling incidents involving activists at the edges of Kenyan governance thrust the country’s human rights record into sharp relief. The abrupt denial of entry to a leading Pan-African lawyer, a violent attack on a regional rights defender, and the lingering legacy of another legal expert’s deportation have renewed concerns among civil society leaders about shrinking civic space and the treatment of dissent in a nation once seen as an East African beacon of democratic engagement.
At the centre of the current flashpoint is Brian Kagoro, the Managing Director of Programmes at the Open Society Foundations. In late February, Kagoro arrived at Jomo Kenyatta International Airport (JKIA) in Nairobi only to be held for more than ten hours by national intelligence officers, denied formal charges or a written explanation, and ultimately refused entry into Kenya before being rerouted to Johannesburg, South Africa. Kenyan authorities cited a provision of the Immigration Act related to documentation, but rights groups have called the move arbitrary and lacking due process. Open Society has firmly rejected allegations tying him to funding or coordinating political unrest, stressing that his work on governance, rule of law, and civic engagement is lawful and longstanding.
Just days earlier, in what rights groups describe as part of an emerging pattern, Mshabaha Mshabaha Hamza, a prominent Tanzanian activist based in Kenya, was the target of a violent abduction attempt. Attackers reportedly drugged and injured Hamza and left him near the Kenya-Tanzania border — a suspected cross-border rendition effort. Police intervened and arrested three suspects, but the incident drew sharp condemnation from Law Society of Kenya and Amnesty International Kenya, who underscored that such attacks threaten fundamental freedoms and could signal an unsettling tolerance for transnational repression.
These events follow an earlier, widely criticized case involving Martin Mavenjina, the Senior Legal Advisor on Transitional Justice for the Kenya Human Rights Commission. In July 2025, Mavenjina was effectively deported to Uganda immediately after arriving at JKIA despite holding valid work and residence permits. The deportation, condemned by local and international rights defenders, was seen as part of a deliberate targeting of independent defenders and civic actors in the aftermath of nationwide protests earlier that year.
Collectively, these incidents paint a disturbing picture for NGO leaders and professionals watching from Nairobi and beyond: civic advocacy that once flourished in Kenya is increasingly met with suspicion, administrative exclusion, and, in one case, physical threat. The denial of entry for a respected constitutional lawyer, the violent targeting of a regional human rights defender, and the controversial expulsion of a senior legal advisor all feed narratives of a state apparatus willing to blur lines between security measures and suppression of dissent.
Rights organisations, legal bodies, and international coalitions have all urged the Kenyan government to clarify the legal basis for these actions, uphold constitutional protections for freedom of association and expression, and ensure that civic space remains open ahead of critical political processes, including the approaching 2027 general elections. Critics warn that framing legitimate civic engagement as a threat risks undermining Kenya’s constitutional commitments and its role as a democratic anchor in East Africa.
For NGO professionals engaged in governance, accountability, and human rights work across the region, these developments demand vigilance and strategic reflection. Protecting civic space — whether through legal advocacy, diplomatic engagement, or regional solidarity networks — is increasingly essential to preserving the hard-won gains of the post-2010 constitutional order.
