Freedom of movement

Kenya’s legal framework regulates the issuance and validity of identity documents for refugees and asylum seekers under the Refugees Act, 2021 and the Refugees (General) Regulations, 2024. The Department of Refugee Services (DRS) issues Asylum Seeker Passes, valid for 90 days and renewable until a final asylum decision is made, and Refugee Identity Cards, valid for five years and renewable upon expiration. However, administrative delays, limited access to DRS offices, and lack of awareness among refugees hinder renewals, affecting legal status and access to services. Since 2016, the DRS has taken over identity document issuance from UNHCR, and UNHCR-issued certificates are no longer standard proof of identity in Kenya. Instead, Legal Notice No. 143 of 2023 officially recognizes Asylum Seeker Passes, Proof of Registration, Movement Passes, Letters of Recognition, Refugee Identity Cards, and Conventional Travel Documents as valid identification for government services. Despite this, the transition to DRS-issued documents presents challenges, including lack of awareness, access difficulties, and processing delays. Although state-issued refugee documents are legally recognized, acceptance within the private sector, such as banks, insurance companies, telecommunications firms, and employers, remains inconsistent due to lack of awareness, internal policies, and biases. Similarly, while Legal Notice No. 143 of 2023 mandates recognition of these documents for legal rights and government services, service providers’ lack of awareness and administrative hurdles may restrict access. Refugees are entitled to Convention Travel Documents (CTDs), or "blue passports," which are valid for two years and renewable. Renewals require an application to DRS with supporting documents, such as a valid travel invitation, which may be difficult for refugees without immediate travel plans. Renewals can also be processed by Kenyan missions abroad. However, administrative delays, limited access to DRS offices, and financial constraints pose challenges, and the need to renew every two years creates an additional burden. Addressing these issues requires effective communication, streamlined renewal policies, and consideration of extending the CTD validity period to ease logistical difficulties. While Kenya has taken significant steps to formalize refugee documentation, inconsistent private sector recognition, bureaucratic inefficiencies, and gaps in awareness continue to hinder effective refugee protection and integration.