Date of publication:
01/07/2026
Kenya
Do domestic laws and policies provide for the “inclusion criteria” in the 1951 Refugee Convention definition of a refugee, and, where applicable, broader regional definitions, or other definitions?
Assessment by population
Analysis
Kenya’s Refugees Act, 2021 incorporates the refugee definitions set out in both the 1951 United Nations Convention Relating to the Status of Refugees and the 1969 OAU Convention Governing the Specific Aspects of Refugee Problems in Africa. This dual adherence ensures that the law addresses not only traditional grounds for seeking refuge but also those specific to African contexts.
Under the 1951 Convention, a refugee is defined as a person who:
- Has a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion;
- Is outside the country of nationality and is unable or unwilling to avail themselves of the protection of that country.
The 1969 OAU Convention expands on this by including persons who:
- Are compelled to leave their place of habitual residence due to external aggression, occupation, foreign domination, or events seriously disturbing public order in either part or the whole of their country of origin.
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 3.1 - Meaning of a refugee.
A person shall be a refugee for the purposes of this Act if— (a) owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, that person is outside the country of nationality and is unable or, owing to such fear, is unwilling to avail himself or herself of the protection of that country.