Housing, land & property

Kenya’s legal framework recognizes the right to adequate housing under Article 43(1)(b) of the Constitution, mandating the state to provide accessible and adequate housing. While the Refugees Act, 2021 includes refugees in national development plans, it does not explicitly address housing rights. Judicial rulings, such as Mitu-Bell Welfare Society v. Kenya Airports Authority, have reinforced this right, but Kenya’s encampment policy, resource constraints, and implementation gaps hinder access to adequate housing for refugees. The Affordable Housing Act, 2024, provides housing for low-income groups but excludes non-citizens, making refugees ineligible for social housing. The Constitution prohibits housing discrimination under Article 27, but exclusionary policies and lack of enforcement mechanisms persist. Courts provide judicial remedies for housing rights violations, yet implementation delays, lack of clear eviction policies, and resource constraints affect enforcement. Kenya’s legal system allows individuals to acquire property, but non-citizens, including refugees, are limited to 99-year leaseholds under Article 65 of the Constitution. The Movable Property Security Rights Act, 2017, permits the use of movable assets as collateral, but refugees face challenges due to documentation issues and non-recognition of refugee IDs. Intellectual property rights (IPRs) are safeguarded under the Industrial Property Act, Copyright Act, and Trade Marks Act, yet refugees struggle to register IPRs due to lack of awareness and procedural barriers. Fiscal charges on property, including rental income tax, stamp duty, and capital gains tax, apply to all property owners, though refugees often lack the legal capacity to own taxable property. The East African Community Customs Management Act, 2004, and Kenya’s foreign exchange regulations allow individuals to bring and take property across borders, subject to customs duties and financial reporting requirements. Discrimination in access to property rights is constitutionally prohibited, but limited public awareness and administrative barriers remain obstacles. Individuals denied property rights can seek redress through the judiciary, with specialized courts such as the Environment and Land Court, yet bureaucratic inefficiencies and enforcement challenges hinder timely resolutions. Despite robust legal provisions, refugees in Kenya continue to face legal, administrative, and systemic barriers in securing housing, property rights, and legal remedies, necessitating policy reforms, enhanced enforcement, and inclusion of refugees in national housing and property ownership frameworks.