Date of publication:
02/26/2025
Kenya
Do domestic laws and policies require the State to provide administrative assistance in the context of family reunification when assistance by the authorities of the country of origin is not possible?
Assessment by population
Analysis
Kenya's domestic laws and policies recognize the importance of family unity and provide mechanisms for family reunification. However, explicit provisions requiring the Kenyan state to offer administrative assistance in family reunification cases, particularly when the authorities of the country of origin are unable or unwilling to assist, are not clearly delineated. In such scenarios, international organizations like the International Committee of the Red Cross often play a pivotal role in facilitating these processes.
Related provisions of domestic law or policy
The Constitution of Kenya
- Year: 2010
- Type: Domestic law
- Rights Category: Asylum, Education, Freedom of movement, Health, Housing, land & property, Liberty & security of person, Social protection, Work & Workplace rights, Family life, Documentation
- Link to external source: https://www.refworld.org/legal/legislation/natlegbod/2010/en/75699
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.
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 20.3 - Duty to ensure family unity
(3) The Commissioner shall, as far as possible, assist a child referred to in subsection (2) to trace the parents or other members of the family in order to obtain information necessary for the reunification of the child with his or her family.