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
No person shall be refused entry into Kenya, expelled, extradited from Kenya or returned to any other country or be 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 whole of that country.
(2)
The benefit of subsection 1 may not, however, be claimed by a refugee or asylum seeker whom there are reasonable grounds for him or her being regarded as a danger to the national security of Kenya.
(1) 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.
(1) A person aggrieved by the decision of the Appeals.
Commissioner under this Act may, within thirty days of
receiving the decision, appeal in person or through his or
her representative or through any other interested party to
the Appeals Committee against the decision.
(2) A person who is aggrieved by the decision of the
Appeals Committee may appeal to the High Court within
thirty days of being notified.
(1) The Commissioner shall, so far as is practicable, ensure that there is shared
use of public institutions, facilities and spaces between the refugees and the host
communities.
(2) The Commissioner shall sensitize the host communities about the presence
of refugees and any other matters relating to their co-existence with each other.
(3) The Commissioner shall, in consultation with the Cabinet Secretary,
establish measures for the handing over of amenities set up for the use of asylum
seekers and refugees to national and county government authorities upon the
departure of refugees from the place where the amenities had been set up for their
use.
A person shall be a refugee for the purposes of this Act if— (a) owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, that person is outside the country of nationality and is unable or, owing to such fear, is unwilling to avail himself or herself of the protection of that country.
An Act of Parliament to provide for the recognition, protection and management of refugees; to give effect to the 1951 United Nations Convention Relating to the Status of Refugees, the 1967 Protocol Relating to the Status of Refugees and the 1969 OAU Convention Governing the Specific Aspects of Refugee Problems in Africa and for connected purposes."
A refugee who leaves Kenya on voluntary repatriation or who ceases to be a refugee for any other cause shall surrender all travel documents, identity cards, permits or any other documents which the refugee acquired by virtue of being a refugee and may take with him or her any movable property which he or she lawfully owns provided the refugee complies with any existing laws relating to property.
(1) A person shall be excluded from being
considered for refugee status if there exists serious reason
to believe that the person—
(a) has committed a crime against peace, a war crime
or a crime against humanity referred to in any
international instrument to which Kenya is a party;
(b) has committed a serious non-political crime
outside Kenya prior to his or her admission to
Kenya as a refugee;
(c) has been guilty of acts contrary to the purposes and
principles of the United Nations and the African
Union; or
(d) is determined to be a threat to national security.
A person shall cease to be a refugee for the
purposes of this Act if such a person—
(a) voluntarily re-avails himself or herself of the
protection of the country of his or her
nationality;
(b) having lost his or her nationality, the person
voluntarily re-acquires it;
(c) acquires the nationality of some other country
and enjoys the protection of the country of his or
her new nationality;
(d) voluntarily re-establishes himself or herself in
the country which he or she left, or outside which
he or she remained owing to fear of persecution;
(e) can no longer, because the circumstances in
connection with which he or she was recognized
as a refugee under this Act has ceased to exist
and continues to refuse to avail himself or herself
of the protection of the country of his or her
nationality;
being a person who has no nationality, because of
the circumstances in connection with which he
has been recognized as a refugee have ceased to
exist and is able to return to the country of his or
her former habitual residence;
The Refugee Status Appeals Committee shall hear and determine appeals against any decision of the Commissioner for Refugee Affairs regarding:
(a) the rejection of an individual application for refugee status;
(b) the cancellation of refugee status;
(c) the withdrawal of refugee status;
(d) the revocation of refugee status; and
(e) any other matter as may be necessary.