Liberty & security of person

Kenya’s legal framework guarantees the right to liberty and security under Article 29 of the Constitution, prohibiting arbitrary detention. The Persons Deprived of Liberty Act, 2014, mandates humane treatment of detainees, while the Fair Administrative Action Act, 2015, ensures procedural fairness. However, refugees face arbitrary arrests and prolonged detentions due to profiling, lack of documentation, and discrimination. The Criminal Procedure Code and the Community Service Orders Act allow for alternatives to detention, but implementation is inconsistent due to limited resources and judicial discretion. Kenya's detention system lacks a maximum period for immigration-related detention, leading to indefinite confinement for undocumented persons. While children’s detention is discouraged under the Children Act, 2022, no explicit prohibition exists for immigration-related detentions, resulting in cases of child confinement in immigration facilities. Refugees and asylum seekers often struggle to access bail, legal representation, or redress mechanisms, making them vulnerable to refoulement and prolonged detention. The National Police Service Act, 2011, and the Private Security Regulation Act, 2016, mandate security services, but police brutality, enforced disappearances, and gender-based violence (GBV) remain concerns. The Sexual Offences Act, 2006, and the Protection Against Domestic Violence Act, 2015, provide GBV protections, but refugees and stateless persons often face barriers in reporting violence due to social stigma, language barriers, and lack of legal awareness. The Counter-Trafficking in Persons Act, 2010, criminalizes human trafficking, but victims struggle to access rehabilitation due to weak enforcement and limited funding. Although Kenya’s legal framework prohibits discrimination under Article 27 of the Constitution, refugees and stateless persons experience ethnic, religious, and gender-based discrimination, limiting their access to justice and protection. Legal remedies exist through the Judiciary, the Commission on Administrative Justice, and the National Police Service, yet implementation gaps, corruption, and bureaucratic delays hinder access to justice. While the Kenya Citizenship and Immigration Act, 2011, provides the basis for immigration detention, unclear regulations and lack of oversight mechanisms result in arbitrary enforcement. Addressing these issues requires stronger oversight, increased legal awareness, and improved access to alternatives to detention and legal remedies for marginalized groups, particularly refugees, asylum seekers, and stateless persons.