Date of publication:
01/07/2026
Kenya
Do domestic laws and policies provide for protection from refoulement?
Assessment by population
Analysis
Kenya’s legal framework explicitly upholds the principle of non-refoulement, ensuring that asylum-seekers and refugees are not forcibly returned to countries where they may face persecution, torture, or other serious harm. This commitment is enshrined in the Refugees Act, 2021, which explicitly prohibits the expulsion or return of individuals to territories where their life, freedom, or security would be at risk. Furthermore, Kenya is a signatory to key international and regional instruments that uphold non-refoulement, including the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol, as well as the 1969 OAU Convention Governing the Specific Aspects of Refugee Problems in Africa. These legal obligations require the government to safeguard the rights of asylum-seekers and refugees, reinforcing protections against forced returns, even in cases where national security concerns arise. However, despite these legal safeguards, reports indicate that Kenya has at times conducted deportations or restricted access to asylum procedures, particularly for individuals suspected of posing security risks. Such actions have raised concerns among human rights organizations about the practical implementation of non-refoulement principles. Nevertheless, Kenya’s domestic laws remain firmly aligned with international refugee protection norms, underscoring its legal responsibility to uphold the rights of forcibly displaced persons within its jurisdiction.
Related provisions of domestic law or policy
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
Legal provision
Section 18 - Prohibition of Refoulement
(1) No person shall be refused entry into Kenya, expelled, extradited from Kenya or returned to any other country or subjected to any similar measure if, as a result of such refusal, expulsion, return or other measure, such person is compelled to return to or remain in a country where— (a) the person may be subject to persecution on account of race, religion, nationality, membership of a particular social group or political opinion; or (b) the person's life, physical integrity or liberty would be threatened on account of external aggression, occupation, foreign domination or events seriously disturbing public order in part or the whole of that country."
The Constitution of Kenya
- Year: 2010
- Type: Domestic law
- Rights Category: Asylum, Education, Freedom of movement, Health, Housing, land & property, Liberty & security of person, Social protection, Work & Workplace rights, Family life, Documentation
- Link to external source: https://www.refworld.org/legal/legislation/natlegbod/2010/en/75699
Legal provision
Article 2(6) - Supremacy of this Constitution
Any treaty or convention ratified by Kenya shall form part of the law of Kenya under this Constitution.