Date of publication:
01/07/2026
Kenya
Do domestic laws and policies prohibit the penalization of asylum-seekers and refugees for irregular entry or presence?
Assessment by population
Analysis
Kenya's Refugees Act, 2021 aligns with international standards by ensuring that refugees and asylum seekers are not penalized for irregular entry or presence. The Act provides a framework for individuals seeking asylum to present themselves to authorities and regularize their status without facing legal penalties for their initial unauthorized entry.
Upon expressing the intention to seek asylum, individuals are required to report to the nearest reception center or government administrative office. Authorized officers facilitate the registration process, during which asylum seekers are issued an Asylum Seeker Pass. This pass serves as proof of legal status in Kenya while their application is under consideration. This process ensures that asylum seekers are not subject to penalties solely based on their mode of entry or presence in the country.
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 24 - Entry into Kenya by refugees
(1) Any person entering Kenya to seek asylum shall make his or her intention known immediately upon entry or within thirty days by reporting to the nearest reception centre or the nearest government administrative office. (2) Where a person is lawfully in Kenya and is subsequently unable to return to his country of origin for any of the reasons specified in section 3, the person shall, prior to the expiration of his lawful stay, present himself before an appointed officer and apply for recognition as a refugee, in accordance with the provisions of this Act.
The Refugees (General) Regulations, 2024
- Year: 2024
- Type: Domestic policy
- Rights Category: Asylum, Education, Freedom of movement, Health, Housing, land & property, Liberty & security of person, Nationality & facilitated naturalization, Social protection, Work & Workplace rights, Documentation
- Link to external source: https://www.refworld.org/legal/decreees/natlegbod/2024/en/147929?prevDestination=search&prevPath=/search?keywords=Refugees+%28General%29+Regulations&order=desc&sm_country_name%5B%5D=Kenya&sort=score&result=result-147929-en
Legal provision
Regulation 2 - Reception of asylum seekers
(1)An asylum seeker shall notify intention to seek asylum to authorised officer who shall direct them to the nearest reception centre or government administrative office. (2)The authorised officer shall issue Form 1 as set out in the Schedule to the asylum seeker to facilitate the registration process. (3)The asylum seeker shall submit the duly filled form to the Refugee Officer within fourteen days after being issued with the Form. (4)The authorized officer shall open a case file with the asylum seeker’s name and into which shall be entered all data collected about the asylum seeker.
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.