Date of publication:

01/07/2026

Kenya

Do domestic laws and policies provide for protection from expulsion of refugees?

ANALYSIS

Assessment by population

Assessment by population
Refugees
Asylum-seekers
Analysis

Kenya's legal framework explicitly upholds the principle of non-refoulement, which prohibits the removal, deportation, or expulsion of individuals, including refugees and asylum-seekers, to countries where they may face serious human rights violations, persecution, torture, or other forms of harm. This fundamental protection is enshrined in Kenya’s Refugees Act, 2021, which aligns with international human rights and refugee law by guaranteeing that no individual seeking asylum shall be returned to a territory where their life, freedom, or dignity would be at risk. Additionally, Kenya is a signatory to key international instruments that reinforce this obligation, including the 1951 Refugee Convention and its 1967 Protocol, as well as the 1969 OAU Convention Governing the Specific Aspects of Refugee Problems in Africa. These treaties, along with domestic legislation, establish a robust legal framework designed to protect forcibly displaced individuals from refoulement. However, despite these legal guarantees, challenges in enforcement persist, with concerns over security-related deportations and restrictions on asylum access occasionally raised by human rights organizations. Nevertheless, Kenya’s adherence to these legal standards demonstrates its formal commitment to safeguarding the rights of refugees and asylum-seekers, in line with both national and international legal obligations.

    LAW & POLICY

    Related provisions of domestic law or policy

    The Refugee Act

    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

    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.