Social protection

Kenya’s legal framework provides for universal social protection, but refugees face significant barriers to accessing social insurance and assistance. The Social Health Insurance Act, 2023, mandates compulsory registration in the Social Health Insurance Fund (SHIF), yet refugees struggle to enroll due to financial constraints, lack of formal employment, and exclusion from national social protection registries. While the National Social Security Fund (NSSF) is open to all residents, refugees lack stable employment and documentation required for contributions. The Enhanced Single Registry (ESR), which identifies vulnerable groups for social assistance, excludes refugees, limiting their access to cash assistance, school feeding programs, and income security initiatives. Although Kenya has a legal commitment to social security under Article 43(1)(e) of the Constitution, the Social Protection Bill, 2024, does not explicitly include refugees, leaving their participation uncertain. Even though judicial and administrative remedies exist under the Fair Administrative Action Act, 2015, refugees struggle to file complaints due to bureaucratic hurdles, lack of awareness, and systemic inefficiencies. Social assistance programs remain underfunded and fragmented, causing delays and service inadequacies even for Kenyan citizens, making it unlikely that refugee inclusion will improve without targeted policy adjustments and increased funding. Humanitarian aid currently fills gaps, but reliance on UNHCR support for refugee health insurance and assistance is unsustainable. Without legal reforms to integrate refugees into national social protection frameworks, they will continue to face exclusion from essential services and economic opportunities, further marginalizing their communities and limiting their ability to achieve self-sufficiency.