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

Link to external source: https://www.refworld.org/legal/legislation/natlegbod/2021/en/124231?prevDestination=search&prevPath=/search?keywords=refugee+act&order=desc&sm_country_name%5B%5D=Kenya&sort=score&result=result-124231-en
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 17.1 - Cancellation of refugee status

(1) The Commissioner shall have the power to
cancel a refugee status where—
(a) a person recognized as a refugee has fraudulently
misrepresented or omitted material facts which, if
known, could have changed the decision to
recognize that person as a refugee; or
(b) new evidence becomes available that a person
should not have been recognised as a refugee.

Section 20.3 - Duty to ensure family unity

(3) The Commissioner shall, as far as possible, assist a
child referred to in subsection (2) to trace the parents or
other members of the family in order to obtain information
necessary for the reunification of the child with his or her
family.

Section 27 - Security Screening

Any asylum seeker or refugee entering Kenya
shall be subjected to security screening in accordance with
the provisions of this Act and any other written law for
purposes of detecting and containing any person who may
pose a danger to the security of Kenya or the safety of the
people and to prevent the trafficking in persons, especially
women and children, terrorism and proliferation of arms
and other contraband items.

Section 35 - Consideration of refugee matters in development plans

The Commissioner shall liaise with the national and county governments for the purposes of ensuring that refugee matters are taken into consideration in the initiation and formulation of sustainable development and environmental plans.

Section 41 - Offences and penalties

A person commits an offence if that person—
(a) makes any false declaration or statement to a refugee officer or appointed officer which the person knows or has reasonable cause to believe to be false or misleading, for the purpose of obtaining or assisting another person to obtain admission, and or registration as an asylum seeker or refugee;
(b) knowingly misleads any refugee officer or authorized officer seeking information material to the exercise of any of her/his powers under this Act;
(c) after entering. Kenya, fails to report without good reason within the period set out in this Act to a refugee officer or authorized officer to apply for asylum or recognition as a refugee.

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