Date of publication:
01/07/2026
Kenya
Do domestic laws and policies provide for people to enter the country for the purpose of seeking asylum?
Assessment by population
Analysis
Kenya's Refugees Act, 2021 underscores the country's commitment to providing asylum to individuals seeking refuge within its borders. The Act stipulates that any person who has entered Kenya seeking asylum must present themselves to the Commissioner for Refugee Affairs or an authorized officer without undue delay. This provision ensures that asylum-seekers arriving at the border or within the territory can formally request protection.
The Act also emphasizes the principle of non-refoulement, prohibiting the expulsion or return of a refugee to a territory where their life or freedom would be threatened. This principle is a cornerstone of international refugee law, ensuring that individuals are not returned to situations of danger.
Furthermore, the Act mandates that special measures be implemented to uphold the dignity and safety of vulnerable groups, such as women and children, seeking asylum while they are in reception areas, transit points, or settlement areas awaiting decisions on their asylum applications.
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 12 - Application for Recognition of Refugee Status:
(1) A person who has entered Kenya and wishes to remain within Kenya as a refugee within the meaning of section 11 shall make an application for refugee status to the Commissioner within thirty days of entry into Kenya. (2) Notwithstanding subsection (1), the Commissioner may accept an application after the expiry of the period stipulated in subsection (1) if the applicant demonstrates sufficient cause for the delay. (3) An applicant under subsection (1) shall be permitted to remain in Kenya pending the determination of their application. (4) The Commissioner shall, upon receipt of an application under subsection (1), ensure that the applicant is informed of their rights and obligations under this Act in a language the applicant understands.
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."
Section 20 - Refugee women and children
The Commissioner shall ensure that specific measures are taken to ensure the dignity and safety of women and children seeking asylum and women and children who have been granted refugee status at all times during their stay in designated areas.