Date of publication:
01/07/2026
Kenya
Do domestic laws and policies provide for the cessation of refugee status?
Assessment by population
Analysis
Kenya's Refugees Act, 2021 incorporates cessation clauses in line with Article 1(C) of the 1951 Refugee Convention. The Act specifies circumstances under which an individual’s refugee status may cease, including situations where the conditions that originally compelled the individual to seek refuge no longer exist.
Under the Act, refugee status may cease if:
- The individual voluntarily re-avails themselves of the protection of their country of nationality.
- The individual voluntarily reacquires their lost nationality.
- The individual acquires a new nationality and protection from the new country.
- The individual voluntarily re-establishes themselves in the country they left or stayed outside due to fear of persecution.
- The circumstances in the refugee’s country of origin have fundamentally and durably changed, making it safe for them to return.
The cessation process is conducted with due diligence, ensuring that individuals are not returned to unsafe conditions. The principle of non-refoulement is upheld, even in cases of cessation.
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
Article 5 - Cessation of Refugee Status
A person shall cease to be a refugee for the purposes of this Act if such a person— (a) voluntarily re-avails himself or herself of the protection of the country of his or her nationality; (b) having lost his or her nationality, the person voluntarily re-acquires it; (c) acquires the nationality of some other country and enjoys the protection of the country of his or her new nationality; (d) voluntarily re-establishes himself or herself in the country which he or she left, or outside which he or she remained owing to fear of persecution; (e) can no longer, because the circumstances in connection with which he or she was recognized as a refugee under this Act has ceased to exist and continues to refuse to avail himself or herself of the protection of the country of his or her nationality; being a person who has no nationality, because of the circumstances in connection with which he has been recognized as a refugee have ceased to exist and is able to return to the country of his or her former habitual residence;