Date of publication:
01/07/2026
Kenya
Do domestic laws and policies provide for the recognition of refugee status on a prima facie basis?
Assessment by population
Analysis
Kenya's Refugees Act, 2021 provides for the recognition of refugees on a prima facie basis. The Act defines "prima facie refugee status" as a declaration of refugee status by the Cabinet Secretary in respect of a large-scale influx of persons due to apparent circumstances in their country of origin that underlie mass exodus.
Under Section 3(2) of the Act, the Cabinet Secretary, upon consultation with the Refugee Advisory Committee, may declare a class of persons to be prima facie refugees. This declaration is based on the assessment of conditions in the country of origin that compel groups to seek refuge. The Cabinet Secretary retains the authority to amend or revoke such declarations as circumstances evolve.
This mechanism enables Kenya to respond promptly to humanitarian crises, offering protection to groups fleeing generalized violence, conflict, or other situations that produce mass displacement. By adopting prima facie recognition, the country ensures timely protection without the need for individual status determination for each member of the group.
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 3.2 Meaning of refugee
The Cabinet Secretary may, on the advice of the Committee, declare any class of persons to be prima facie refugees and may at any time amend or revoke such declaration.