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FK (KENYA) v SECRETARY OF STATE FOR THE HOME DEPARTMENT

Where the specific facts of an asylum seeker’s situation had not been adequately addressed by the Asylum and Immigration Tribunal, her case was remitted so that the critical issue of the reasonableness of internal relocation within Kenya could be properly determined.

4 March 2008

The appellant (F) appealed against a decision of the Asylum and Immigration Tribunal that by relocating to another part of the Kenya she and her daughter could be safely returned to that country. F was of Kikuyu ethnicity.

F’s father-in-law had been recruited by the Mungiki, a violent militant traditionalist sect. F’s husband refused recruitment and was killed by the Mungiki. F agreed, under pressure, that she and her eldest daughter (C) would undergo female genital mutilation. F’s father-in-law then accepted a dowry for one of the Mungiki elders to marry C. When F refused to let this happen, C was forcibly taken by the Mungiki for circumcision and marriage. C escaped and fled with F to the UK.

F claimed asylum on the ground that they had a well founded fear, were they to be returned, of being compelled to undergo female genital mutilation. The AIT refused F’s appeal on the basis that although she had a genuine and well founded fear of returning to her home villa...

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