Last Change:

05/16/2025

The Refugee Act

Year: 2021

Type: Domestic law

Rights Category: Asylum, Education, Freedom of movement, Health, Liberty & security of person, Social protection, Work & Workplace rights, Family life, Documentation

Description

The Refugees Act, 2021 of Kenya provides a legal framework for the protection, recognition, and management of refugees and asylum seekers. It outlines procedures for applying for refugee status, guarantees rights and protections aligned with international standards, and emphasizes the principle of non-refoulement. The Act mandates the issuance of identification documents, recognizes family unity, and ensures that refugees comply with Kenyan laws. By integrating national and international obligations, the Act aims to safeguard the rights and dignity of displaced individuals while maintaining public order and security.

Selected provisions
Section 18 - Prohibition of Refoulement

(1) No person shall be refused entry into Kenya, expelled, extradited from Kenya or returned to any other country or subjected to any similar measure if, as a result of such refusal, expulsion, return or other measure, such person is compelled to return to or remain in a country where—
(a) the person may be subject to persecution on account of race, religion, nationality, membership of a particular social group or political opinion; or
(b) the person's life, physical integrity or liberty would be threatened on account of external aggression, occupation, foreign domination or events seriously disturbing public order in part or the whole of that country."

Section 20 - Refugee women and children

The Commissioner shall ensure that specific measures are taken to ensure the dignity and safety of women and children seeking asylum and women and children who have been granted refugee status at all times during their stay in designated areas.

Section 23 - Applicant to be issued with, asylum seeker's pass

(1) A person who has applied for refugee status in accordance with the Act shall be issued with a temporary pass valid for ninety days and it shall be evidence that the person has applied for refugee status in Kenya.
(2) Every member of the family of the applicant shall also be issued with a similar document.
(3) The temporary pass issued under this Act shall entitle the applicant and all the members of his or her family to remain in Kenya— (a) until his or her application is granted or rejected, and no appeal has been filed with the Appeals Committee; and (b) until that person has exhausted his or her right of appeal.

Section 24 - Entry into Kenya by refugees.

Where there is a large-scale influx of persons claiming to fall within the meaning of refugees under section 3, the Commissioner shall, in consultation with other agencies advise the Cabinet Secretary on emergency measures to be taken including— (a) designation of areas for reception, transit and residence of refugees, having due regard to the security requirement for refugees to be settled at a reasonable distance from the frontier of their country of origin.

Section 24 - Entry into Kenya by refugees

(1) Any person entering Kenya to seek asylum shall make his or her intention known immediately upon entry or within thirty days by reporting to the nearest reception centre or the nearest government administrative office.
(2) Where a person is lawfully in Kenya and is
subsequently unable to return to his country of origin for
any of the reasons specified in section 3, the person shall,
prior to the expiration of his lawful stay, present himself
before an appointed officer and apply for recognition as a
refugee, in accordance with the provisions of this Act.

Section 25 - Designation of refugee reception officers

Asylum seekers who enter the country through places, other than gazetted entry points, shall immediately report to the nearest government administrative office for further assistance.

Section 28 - Rights and obligations of Refugees

Subject to this Act, every refugee and every asylum seeker within Kenya shall be entitled to the rights and be subject—
(a)
to the duties contained in the UN Convention, its Protocol and the OAU Convention; and
(b)
all the laws in force in Kenya.
(2)
The Cabinet Secretary may, by notice in the Gazette and in consultation with the relevant county governments, designate specific counties to host refugees.
(3)
The Cabinet Secretary may, by notice in the Gazette, designate places and areas in Kenya to be transit centres for purposes of temporarily accommodating refugees.
(4)
Subject to this Act, refugees shall be enabled to contribute to the economic and social development of Kenya by facilitating access to, and issuance of, the required documentation at both levels of Government.
(5)
Subject to the laws applicable and taking into special consideration the special circumstances of refugees, a refugee recognized under this Act shall have the right to engage individually or in a group, in gainful employment or enterprise or to practice a profession or trade where he holds qualifications recognized by competent authorities in Kenya.
(6)
A refugee and an asylum seeker shall have the right to identification and civil registration documents and such documents shall be sufficient to identify a refugee or asylum seeker for the purposes of access to rights and services under this Act and any other applicable law.
(7)
Without prejudice to the generality of the foregoing, and subject to the special circumstances of refugees, the Refugee Identity Card shall at a minimum have a similar status to the Foreign National Registration Certificate issued under section 56 (2) of the Kenya Citizenship and Immigration Act (No. 12 of 2011) for the purposes of accessing the rights and fulfilling obligations under this law.
(8)
A person from a Partner State of the East African Community who has been recognised as a refugee under this Act may opt to voluntarily give up his or her refugee status for the purposes of enjoying any of the benefits due to him or her under the Treaty for the Establishment of the East African Community, the Protocol for the Establishment of the East African Community Common Market, and any other relevant written law.

Section 15.2 - Family Unity

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."

Section 16.2 - Obligations of Refugees

A refugee shall conform to the laws and regulations of Kenya and also to measures taken for the maintenance of public order.

Section 19 - Expulsion of refugees or members of their families

(1) Subject to section 19, the Cabinet Secretary may order the expulsion from Kenya of any refugee or member of his family if the Cabinet Secretary considers the expulsion to be necessary on the grounds of national security or public order.
(2) Subject to subsection 19 (1) a refugee or an asylum seeker engaging in a conduct that is in breach or is likely to result in breach of public order or contrary to public morality under the law irrespective of whether the conduct is linked tohis claim for asylum or not, may be expelled from the Kenya by an order of the Cabinet Secretary.
(3) Before ordering the expulsion from Kenya of
any refugee or member of his family in terms of this
section, the Cabinet Secretary shall act in accordance with
the due process of law.