Date of publication:

02/03/2026

Kenya

How do domestic laws and policies define "family"?

ANALYSIS

Assessment by population

Assessment by population
Refugees
Asylum-seekers
Analysis

Kenya’s domestic laws and policies provide a legal definition of “family” for the purposes of family reunification, primarily through the Kenya Citizenship and Immigration Act, 2011, the Marriage Act, 2014, the Refugees Act, 2021, and the Children Act, 2022. These laws establish the categories of family members eligible for reunification, with a particular focus on spouses, children, and dependents. The Kenya Citizenship and Immigration Act, 2011, defines family within the context of immigration, recognizing spouses, biological and legally adopted children, and dependents as eligible for immigration benefits, including residency and citizenship by registration. The Marriage Act, 2014, further reinforces this definition by outlining recognized marital relationships, including civil, Christian, Hindu, Islamic, and customary marriages, while explicitly excluding same-sex unions. For refugees, the Refugees Act, 2021, and the Refugees (General) Regulations, 2024, adopt a similar approach by granting derivative refugee status to immediate family members, particularly spouses and children, ensuring that they receive protection alongside the principal refugee. Additionally, the Children Act, 2022, provides a broader definition of family by emphasizing the best interests of the child, recognizing legal guardians, adoptive parents, and caregivers as part of a child’s family unit for reunification purposes. These legal definitions align with Kenya’s commitments under international treaties, including the 1951 Refugee Convention, the 1969 OAU Refugee Convention, and the Convention on the Rights of the Child (CRC), which emphasize the protection of family unity. Collectively, these laws provide a structured framework for defining family within Kenya’s legal system, ensuring that family reunification policies are clearly regulated across different categories of migrants, refugees, and citizens.

    LAW & POLICY

    Related provisions of domestic law or policy

    The Constitution of Kenya

    Legal provision

    Article 45 - Family

    (1) The family is the natural and fundamental unit of society and the necessary basis of social order, and shall enjoy the recognition and protection of the State; (2) Every adult has the right to marry a person of the opposite sex, based on the free consent of the parties; (3) Parties to a marriage are entitled to equal rights at the time of the marriage, during the marriage and at the dissolution of the marriage;(4) Parliament shall enact legislation that recognises— (a) marriages concluded under any tradition, or system of religious, personal or family law; and (b) any system of personal and family law under any tradition, or adhered to by persons professing a particular religion, to the extent that any such marriages or systems of law are consistent with this Constitution.

    National Policy on Family Promotion and Protection

    Legal provision

    National Policy on Family Promotion and Protection - Generic

    National Policy on Family Promotion and Protection - Generic