Date of publication:
08/21/2025
Kenya
Do domestic laws and policies require that the grounds for refusing an application for family reunification be specified?
Assessment by population
Analysis
Kenya’s domestic legal framework establishes provisions for family reunification, particularly concerning refugees and their families, through legislation such as the Refugees Act, 2021, the Refugees (General) Regulations, 2024, and the Kenya Citizenship and Immigration Act, 2011. These laws provide structured pathways for spouses, children, and dependents of refugees and legal residents to apply for reunification, aligning with Kenya’s obligations under international legal instruments such as the 1951 Refugee Convention and the 1969 OAU Refugee Convention. The Refugees Act, 2021, explicitly grants derivative refugee status to eligible family members of recognized refugees, ensuring that they receive legal protection without requiring a separate asylum claim. Additionally, the Kenya Citizenship and Immigration Act, 2011, governs family reunification for Kenyan citizens and legal residents, allowing foreign spouses, children, and dependents to apply for permanent residence, dependent passes, or citizenship by registration based on their relationship to the principal applicant. However, while these legal frameworks facilitate the process of family reunification, they do not explicitly mandate that authorities provide specific reasons for denying family reunification applications.
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 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.
Section 2 - Definition of “members of the family of a refugee”
"members of family of a refugee", in relation to a refugee means — (a) any spouse of the refugee; (b) any child of the refugee, including an adopted child under the age of eighteen; (c) a person who is related to the refugee by blood or marriage and who is dependent upon the refugee; (d) any other dependent living in the same household as the refugee and who is dependent on the refugee.
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 10.1 - Refugee status determination
During a refugee status determination interview— (a) an asylum seeker shall present his or her refugee claim in person; and (b) may be represented by a legal representative at his or her own cost; and (c) an asylum seeker who is incapable of giving consent or representing himself or herself at the interview shall be represented by competent adult who may give information on the asylum seeker’s behalf.
Regulation 11(2) - Interviews involving children
A child who has not attained the age of sixteen years may be interviewed with the permission of the parent or guardian, who may be allowed to be present during the child's interview.