Last Change:

05/16/2025

Refugees (General) Regulations

Year: 2024

Type: Domestic policy

Rights Category: Asylum, Education, Freedom of movement, Health, Housing, land & property, Liberty & security of person, Nationality & facilitated naturalization, Social protection, Work & Workplace rights, Documentation

Description

The Refugees (General) Regulations, 2024 provide a framework for implementing the Refugees Act, 2021, in Kenya. They outline procedures for registration, asylum applications, and refugee status determination while emphasizing protection, rights, and obligations of refugees. The regulations also address refugee management, including access to social services, integration, and durable solutions such as repatriation and resettlement. By promoting accountability and adherence to international standards, they enhance Kenya's commitment to refugee protection and sustainable humanitarian responses.

Selected provisions
Regulation 2 - Reception of asylum seekers

(1)An asylum seeker shall notify intention to seek asylum to authorised officer who shall direct them to the nearest reception centre or government administrative office.

(2)The authorised officer shall issue Form 1 as set out in the Schedule to the asylum seeker to facilitate the registration process.

(3)The asylum seeker shall submit the duly filled form to the Refugee Officer within fourteen days after being issued with the Form.

(4)The authorized officer shall open a case file with the asylum seeker’s name and into which shall be entered all data collected about the asylum seeker.

Section 4 (1) - Application for Refugee Status:

An asylum seeker shall apply for recognition of refugee status in person at a designated refugee reception office.

Section 4 (2) - Registration Interview:

The refugee officer shall—
(a) conduct a registration interview to obtain basic information from the asylum seeker on—
(i) biographical data;
(ii) country of origin or immediate former residence;
(iii) reason for seeking protection;
(iv) specific needs; and
(v) biometric information of the asylum seeker including photograph, fingerprints, thumb-prints, palmprints and similar kind of information.

Section 6 - Issuance of Asylum Seeker Pass

An asylum seeker who has applied for refugee status shall be issued with an asylum seeker pass... which shall remain valid for ninety days from the date of issuance, or until a final determination of the asylum application, whichever is the earlier.

Section 9 - Refugee Status Determination:

The Commissioner shall make a determination on an application for refugee status within ninety days after the application being received.

Regulation 10.1 - Refugee status determination

During a refugee status determination interview—
(a) an asylum seeker shall present his or her refugee claim in person; and
(b) may be represented by a legal representative at his or her own cost; and
(c) an asylum seeker who is incapable of giving consent or representing himself or herself at the interview shall be represented by competent adult who may give information on the asylum seeker’s behalf.

Regulation 11(2) - Interviews involving children

A child who has not attained the age of sixteen years may be interviewed with the permission of the parent or guardian, who may be allowed to be present during the child's interview.

Section 15 - Education and Skills Training:

(1) A refugee or asylum seeker shall have the right to access education and training in the same manner as a citizen, subject to availability of resources.

(2) The Government shall facilitate the integration of refugee schools into the national education system.

Section 16 - Rights and Duties of Refugees:

Recognized refugees are entitled to rights outlined in international conventions and protocols to which Kenya is a party, as well as rights under Kenyan law.

Article 31 - Conventional Travel Document

A convention travel document shall... be valid for a period of two years and may be renewed— (i) by the Commissioner; or (ii) where the refugee is outside Kenya, by a Kenyan mission or consulate."

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