Date of publication:

01/07/2026

Kenya

Do domestic laws and policies provide access to asylum procedures for people seeking asylum?

ANALYSIS

Assessment by population

Asylum-seekers
Analysis

Kenya's commitment to providing fair and efficient asylum procedures is enshrined in the Refugees Act, 2021, and operationalized through the Refugees (General) Regulations, 2024. These legal instruments outline the processes and standards for handling asylum applications, ensuring transparency and adherence to the rule of law.

Upon entry into Kenya, asylum seekers are required to present themselves to the Department of Refugee Services (DRS) to initiate their asylum application. The DRS is responsible for registering asylum seekers and issuing an asylum seeker pass, which serves as proof of legal status in Kenya during the determination process. This pass is valid for ninety days or until a final decision is made on the application, whichever comes first. 

The Refugees (General) Regulations, 2024, mandate that the Commissioner for Refugee Affairs make a determination on an application for refugee status within ninety days of receipt. The regulations emphasize the need for a fair and transparent system for scheduling and notifying applicants of their refugee status determination interviews. During these interviews, asylum seekers have the right to legal representation at their own expense and must be informed of their rights and responsibilities throughout the process. 

Furthermore, the regulations provide for accelerated procedures in specific circumstances, such as for unaccompanied or separated children, individuals in confinement, or those with medical emergencies, ensuring that vulnerable groups receive timely attention to their claims. 

    LAW & POLICY

    Related provisions of domestic law or policy

    The Refugee Act

    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.

    The Refugees (General) Regulations, 2024

    Legal provision

    Section 6 - Issuance of Asylum Seeker Pass

    An asylum seeker who has applied for refugee status shall be issued with an asylum seeker pass... which shall remain valid for ninety days from the date of issuance, or until a final determination of the asylum application, whichever is the earlier.

    Section 9 - Refugee Status Determination:

    The Commissioner shall make a determination on an application for refugee status within ninety days after the application being received.

    Regulation 10.1 - Refugee status determination

    During a refugee status determination interview— (a) an asylum seeker shall present his or her refugee claim in person; and (b) may be represented by a legal representative at his or her own cost; and (c) an asylum seeker who is incapable of giving consent or representing himself or herself at the interview shall be represented by competent adult who may give information on the asylum seeker’s behalf.