A British court has slammed the door on a government appeal, cementing a landmark ruling that the detention of dozens of Tamil asylum seekers on the remote island of Diego Garcia was unlawful. The decision could see the UK face a multi-million-pound compensation bill, a figure that translates to hundreds of millions of Kenya Shillings.

This final judgment, delivered in London on Tuesday, validates claims that for three years, more than 60 people, including children, were held in conditions described by the original judge as "hell on Earth." For Kenyans, this case highlights the stark contrast in migration policies globally and raises questions about legal accountability in overseas territories with colonial roots.

A 'Prison in All But Name'

The asylum seekers, who were attempting to reach Canada by boat in 2021 before being shipwrecked, were accommodated in rat-infested tents and largely deprived of their liberty. In her initial ruling on December 16, 2024, Justice Margaret Obi noted, “It is unsurprising that the claimants feel as if they are in a prison; that is exactly what it is, in all but name.”

The appeal, lodged by the British Indian Ocean Territory (BIOT) commissioner, Nishi Dholakia, was rejected on all grounds. The appeal court judges found the evidence presented by the commissioner to be a “highly selective exercise.”

The Kenyan Perspective

The harsh treatment on Diego Garcia, an island situated between Tanzania and Indonesia, offers a sharp contrast to Kenya's own approach. While facing its own immense pressures, Kenya hosts over half a million registered refugees and is moving towards more integrated settlement models under its 2021 Refugee Act. This legislation aims to grant refugees the right to work and greater freedom of movement, shifting away from long-term encampment policies.

The UK's actions in this case also echo historical attempts to offload asylum seekers, including a past, unsuccessful plan to resettle Jewish refugees in Kenya's 'White Highlands'. More recently, the UK has pursued controversial deportation policies, seeking agreements with nations like Rwanda after Kenya reportedly declined a similar request.

• Incident: Tamil asylum seekers rescued at sea in October 2021.
• Location: Detained on Diego Garcia, a secretive UK-US military base.
• Initial Ruling: Declared unlawfully detained on December 16, 2024.
• Appeal Ruling: Commissioner's appeal rejected on December 16, 2025.
• Potential Outcome: A compensation bill of millions of pounds (approx. KES 173 million per million pounds).

The focus now shifts to the size of the compensation package and whether this damning judgment will compel a change in how the UK handles asylum claims in its overseas territories.