Date of publication:
01/07/2026
Kenya
Do domestic laws and policies provide for the exclusion from refugee status of persons who are not in need of international protection?
Assessment by population
Analysis
Kenya's Refugees Act, 2021 adheres to international standards concerning the exclusion of individuals from refugee status. The Act outlines specific conditions under which a person may be excluded from being recognized as a refugee, reflecting the exclusion clauses under Article 1(F) of the 1951 Refugee Convention. These provisions aim to ensure that refugee protection is not misused by individuals who have committed serious crimes or are a threat to public safety or international peace.
The Refugee Act excludes individuals who:
- Have committed crimes against peace, war crimes, or crimes against humanity as defined in international instruments.
- Have committed serious non-political crimes outside Kenya prior to admission as a refugee.
- Have engaged in acts contrary to the purposes and principles of the United Nations.
The exclusion clauses are strictly applied and require thorough investigation and due process to ensure that decisions align with international standards while upholding fairness and justice.
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 4.1 - Exclusion from refugee status
(1) A person shall be excluded from being considered for refugee status if there exists serious reason to believe that the person— (a) has committed a crime against peace, a war crime or a crime against humanity referred to in any international instrument to which Kenya is a party; (b) has committed a serious non-political crime outside Kenya prior to his or her admission to Kenya as a refugee; (c) has been guilty of acts contrary to the purposes and principles of the United Nations and the African Union; or (d) is determined to be a threat to national security.