The Open Society Foundation condemned the detention and denial of entry of its Managing Director of Programs, Brian Kagoro by Kenyan authorities, describing the move as arbitrary and lacking due process.
In a statement on Friday, the foundation said Kagoro was held for more than 10 hours upon arrival at the Jomo Kenyatta International Airport in Nairobi, where he was questioned by national intelligence officers before being denied entry and placed on a return flight to Johannesburg.
The organization said no formal charges were presented to Kagoro and that he was not provided with written reasons explaining the decision to bar him from entering the country.
According to OSF, the removal order authorizing the airline to return him to South Africa cited Section 54 of the Kenya Citizenship and Immigration Act of 2011 — a provision that relates to documentation-related offenses.
The foundation dismissed as baseless reports circulating in sections of the media alleging that Kagoro was involved in financing or coordinating political unrest in Kenya. It said no evidence had been presented to support the claims.
“Brian Kagoro has never been charged with or convicted of any criminal offense,” the statement said.
Kagoro, a Zimbabwean constitutional lawyer and Pan-Africanist, has worked across Africa on governance, regional integration, global justice and rule of law issues. The foundation noted that he has lawfully resided in Kenya for extended periods over the past decade.
Open Society also rejected suggestions that it funds or organizes political protests, saying its work supports lawful civic engagement and accountable governance.
The organization said it has operated in Kenya since 2005, working with institutions and stakeholders — including government actors — on economic policy, climate change and democratic governance initiatives.
Emphasizing the principles of transparency and due process, the foundation said it has always complied with Kenyan laws, including immigration regulations, and is seeking formal clarification from authorities through appropriate channels.
Kenyan authorities had not immediately issued a public statement on the matter by the time of publication.
The Kenyan Section of the International Commission of Jurists (ICJ Kenya) Thursday condemned the recent detention and subsequent expulsion of Kagoro.
Kagoro, a renowned Pan-Africanist and the Africa Director of the Open Society Foundations, was denied entry into Kenya on the afternoon of February 22, 2026.
The organisation expressed alarm at media reports suggesting that Kagoro may have been denied entry over alleged links to civic education or citizen empowerment initiatives.
ICJ Kenya said conflating legitimate civic education programmes with unlawful dissent is a dangerous departure from constitutional principles.
“Empowering citizens to know, understand, and claim their constitutional rights is a fundamental pillar of any democracy. It is the very essence of civic engagement, not a threat to state security,” the organisation said in a statement.
ICJ Kenya warned that the incident reflects what it described as a broader pattern of repression targeting civil society actors, human rights defenders and independent media.
The organisation argued that such actions undermine Kenya’s post-2010 democratic gains, noting that the Constitution of Kenya (2010) — widely celebrated for its transformative and human rights-centred provisions — was itself a product of sustained civil society advocacy.
According to security officials who spoke on condition of anonymity, Kagoro made three separate visits to Nairobi in 2025, during which he allegedly pledged in closed-door meetings to raise $1.2 million (Sh150 million) to support activist initiatives.
Authorities claim the funds were intended to capitalize on economic grievances and reignite the 2024 Gen Z protests that rattled President William Ruto’s administration.
Those demonstrations — largely youth-led and coordinated online — forced the government to withdraw controversial tax proposals and triggered weeks of unrest. Protesters at the time insisted the movement was organic and not driven by foreign influence.
“We have evidence, gathered painstakingly over the last six months, establishing a deliberate strategy to manufacture civil unrest,” a senior security official said.
The decision to deport Kagoro follows what officials describe as a broader policy shift by top security organs barring foreign nationals from engaging in political activities within Kenya.
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