"members of family of a refugee", in relation to a
refugee means —
(a) any spouse of the refugee;
(b) any child of the refugee, including an adopted
child under the age of eighteen;
(c) a person who is related to the refugee by blood or
marriage and who is dependent upon the refugee;
(d) any other dependent living in the same household
as the refugee and who is dependent on the
refugee.

"Asylum seeker" means a person seeking protection in Kenya in accordance with the provisions of this Act but whose application has not been determined.

The Cabinet Secretary may, on the advice of the Committee, declare any class of persons to be prima facie refugees and may at any time amend or revoke such declaration.

Commissioner for Refugee Affairs
(1) There shall be a Commissioner for Refugee Affairs whose office shall be
an office in the Public Service and who shall be the head of the Department.
(2) The functions of the Commissioner shall be to—
(a) convene and chair the Refugee Advisory Committee;
(b) receive, register and maintain a register for all refugees in Kenya;
(c) receive and process applications for refugee status;
(d) issue refugee identification documents and facilitate issuance of civil
registration and other relevant documentation by other government
agencies;
(e) co-ordinate all measures necessary for promoting the welfare and
protection of refugees and asylum seekers and advise the Cabinet
Secretary and the Committee thereon;
(f) ensure in liaison with other relevant agencies the provision of
adequate facilities and services for the protection, reception and care
of asylum seekers and refugees within Kenya;
(g) promote as far as possible durable solutions for refugees granted
asylum in Kenya;
(h) be the liaison between the department, state actors and relevant
stakeholders and shall in that capacity, sensitize and inform on new
developments and policy;
(i) in liaison with Director of Immigration, process and issue conventional
travel documents;
(j) in liaison with the police, arrest any person suspected of committing
an offence under this Act;
(k) manage refugee designated areas and other related facilities;
(l) form sub-committees and assign to such sub-committees functions
to be exercised in relation to the reception, treatment and welfare of
asylum seekers and refugees;
(m) co-ordinate the provision of overall security, protection and assistance
for asylum seekers and refugees in the designated areas;
(n) co-ordinate activities to ensure the civilian and humanitarian character
of the designated areas is maintained;
(o) issue movement passes to refugees and asylum seekers wishing to
travel outside the designated areas and within Kenya;
(p) exempt asylum seekers and refugees from residing in designated
areas where there are compelling reasons to do so;
(q) ensure treatment of all asylum seekers and refugees in compliance
with national law;
(r) issue visitor permits for entry into refugee camps in accordance with
regulations;
(s) in consultation with the Cabinet Secretary, establish structures and
mechanisms for management of refugee humanitarian emergencies;
(t) initiate, in collaboration with the development partners, projects that
promote peaceful and harmonious co-existence between the host
communities and refugees;
(u) co-ordinate, where relevant in collaboration with county authorities,
all services and activities provided to refugees and asylum seekers
by implementing agencies;
(v) ensure that refugee economic and productive activities do not have a
negative impact on host communities, natural resources or the local
environment;
(w) ensure sustainable use of resources in designated refugee hosting
areas; and
(x) promote, insofar as is practicable, the procurement or purchase of
local products and services in support of refugee intervention and
support programmes.

The functions of the Commissioner shall be to issue movement passes to refugees and asylum seekers wishing to travel outside the designated areas and within Kenya.

The functions of the Commissioner shall be to exempt asylum seekers and refugees from residing in designated areas where there are compelling reasons to do so.

An individual seeking recognition as a refugee must apply to the Commissioner for Refugee Affairs. The Commissioner is responsible for receiving and processing such applications, ensuring that applicants are informed of their rights and obligations during the process. This provision ensures a structured procedure for individuals seeking protection.

An applicant under subsection (1) shall be permitted to remain in Kenya pending the determination of their application.

(1) A person who has entered Kenya and wishes to remain within Kenya as a refugee within the meaning of section 11 shall make an application for refugee status to the Commissioner within thirty days of entry into Kenya.
(2) Notwithstanding subsection (1), the Commissioner may accept an application after the expiry of the period stipulated in subsection (1) if the applicant demonstrates sufficient cause for the delay.
(3) An applicant under subsection (1) shall be permitted to remain in Kenya pending the determination of their application.
(4) The Commissioner shall, upon receipt of an application under subsection (1), ensure that the applicant is informed of their rights and obligations under this Act in a language the applicant understands.

(1) The Commissioner shall, in consultation with the relevant agencies, issue to every recognized refugee and the refugee's family members—
(a) an identity card; and
(b) a refugee identification document.
(2) The identity card and refugee identification document issued under subsection (1) shall serve as proof of the legal status of the refugee and the refugee's family members in Kenya."

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. They are required to abide by the laws and regulations of Kenya and respect measures taken for the maintenance of public order. This provision ensures that recognized refugees are